Laws which protect people from discrimination

Public employees have also relied on the U. And Lambda Legal has successfully used the First Amendment to defend the right of teachers to discuss LGBT issues in the classroom and the rights of public employees to associate with gay men and lesbians. Title VII, the federal employment nondiscrimination law, applies to public employees also.

These Orders permit employees to file complaints of discrimination with the agency for which the employees work but does not permit filing claims with the EEOC or in court, or offer other ways to pursue the usual remedies for workplace discrimination. Unlike the proposed federal ENDA bill, which only would address employment discrimination, many of the state, city and county laws encompass a wider range of protections, including housing and public accommodations. To find out if your state has laws prohibiting discrimination based on sexual orientation and gender identity or expression, click here.

Under the federal employment nondiscrimination law, Title VII , some federal courts have decided that employees are protected only against mistreatment because of their actual race, sex, religion or national origin. Some states and localities prohibit employers from discriminating against employees based on their lawful actions outside of work, so this can cover LGBT employees as well.

But many companies have at least realized quickly that all spouses should receive the same benefits, and those that have dragged behind have had to contend with Lambda Legal in court.

Some state and local government entities have worked to treat their own employees fairly, addressing this harm by making equal family benefits available to domestic partners and same-sex spouses of their public employees. Some also require employers that contract with state or local government agree to offer the same family benefits to employees with a domestic partner or same-sex spouse as the employer offers to workers with a different-sex spouse.

In addition, some cities offer specific protections for workers with HIV. Often these laws provide greater protection for people living with HIV than the federal protections provided by the Americans with Disabilities Act and the Rehabilitation Act. The Civil Rights Act of amends several sections of Title VII to strengthen and improve Federal civil rights laws and provide for the recovery of compensatory damages in Federal sector cases of intentional employment discrimination.

Additional information about unlawful discriminatory and retaliatory practices and the remedies is available to Federal employees and applicants who believe they have been subjected to such practices. According to Section b of Title 5 of the United States Code, any employee who has authority to take, direct others to take, recommend or approve personnel actions may not:.

For additional information about Federal employee and applicant protection regarding prohibited personnel practices, you may call the FTC Office of Inspector General , the Office of Special Counsel or visit its website , or you may call the Merit Systems Protection Board or visit its website. You are here. Equal Employment Opportunity Commission The laws enforced by EEOC makes it unlawful for Federal agencies to discriminate against employees and job applicants on the bases of race, color, religion, sex, national origin, disability, or age.

According to Section b of Title 5 of the United States Code, any employee who has authority to take, direct others to take, recommend or approve personnel actions may not: Discriminate on the basis of race, color, religion, sex, national origin, age, disability, marital status, or political affiliation.

Solicit or consider employment recommendations based on factors other than personal knowledge or records of job related abilities or characteristics. Influence any person to withdraw from competition for a position to improve or injure the employment prospects of any other person. Give unauthorized preference or advantage to any person to improve or injure the employment prospects of any particular employee or applicant.

Engage in nepotism. When it comes to benefits and accommodations in the workplace, employers must treat pregnant employees the same as other employees who are temporarily unable to work for other reasons. For example, if an employer offers light-duty work to all employees with medical conditions, it likely must provide light-duty work to pregnant employees as well.

To learn more, see our article on requesting a reasonable accommodation for pregnancy. It prohibits discrimination based on age against employees who are at least 40 years old. It also prohibits employers from retaliating against an applicant or employee for asserting his or her rights under the ADEA. The ADEA prohibits age discrimination in all terms and conditions of employment, including hiring, firing, compensation, job assignments, shift assignments, discipline, and promotions.

The ADEA applies to private employers with at least 20 employees, the federal government, interstate agencies, employment agencies, and labor unions. Although the ADEA also protects state government employees, these employees may not file lawsuits claiming age discrimination -- they may assert their rights only through the Equal Employment Opportunity Commission EEOC.

It prohibits employers from discriminating against people with disabilities in any aspect of employment, including applications, interviews, testing, hiring, job assignments, evaluations, compensation, leave, benefits, discipline, training, promotions, medical exams, layoffs, and firing.

For information on complying with the ADA during the hiring process, see our article on how to avoid disability discrimination in the workplace. The ADA protects not only applicants and employees with disabilities; it also protects those who have a history of disability and those who are perceived -- incorrectly -- as having a disability. For example, an employee who was diagnosed with cancer and has been in remission for ten years may not have a current disability, but his employer is still prohibited from making job-related decisions based on the employee's former disability.

Similarly, an employee who walks with a limp may not have a disability, but an employer who makes job-related decisions based on the mistaken belief that the employee is disabled for example, by refusing to promote the employee to a managerial position that would require her to walk a shop room floor violates the ADA.

The ADA also prohibits employers from discriminating against someone because that person is related to or associates with someone who has a disability. The ADA applies to private employers with at least 15 employees, local governments and their agencies, employment agencies, and labor unions.

Although state employees are protected by the law, these employees may not sue their state government employers for monetary damages. A separate law, the Rehabilitation Act, protects federal employees from disability discrimination. Two government agencies enforce the ADA: the U. Department of Justice, at www.

The Equal Pay Act 29 U. Employees do equal work when they perform, under similar working conditions, jobs that require equal skill, effort, and responsibility. Two jobs may be equal even if they have different job titles. For example, a hotel may not pay its janitors, who are primarily men, more than its housekeepers, who are primarily women, if they are doing the same work.

There are a few exceptions to the Equal Pay Act. Employers can pay men and women different salaries for doing equal work if the difference is based on seniority, merit, an incentive system, or any factor other than gender. Practically speaking, all employers must comply with the Equal Pay Act. This includes private employers regardless of size , the federal government, state and local governments, and labor unions. IRCA prohibits employers from discriminating against applicants and employees on the basis of their citizenship or national origin.

IRCA's prohibition on discrimination applies to all terms, conditions, and privileges of employment, including hiring, firing, compensation, benefits, job assignments, promotions, and discipline. This antidiscrimination provision applies to federal, state, and local governments and to private employers with at least four employees. IRCA also makes it illegal for employers to knowingly hire or retain employees who are not authorized to work in the United States.

Employers are required to examine employee documents and keep records verifying that their employees are authorized to work in this country.