If either of those exceptions apply, the following conditions must be met: Independent contractors: Independent contractors aren't protected by the main provisions of the fair employment practices law, but they do have a civil right to obtain and hold employment without discrimination based on protected classes (except age and marital status). Job-relatedness: Employers can use testing devices or other selection methods that are apparently neutral, but effectively discriminate based on a protected class, if they can show that these methods are sufficiently related to essential job functions. Specifically, they can't refuse to hire applicants, discharge employees, or discriminate in promotions, demotions, compensation, or terms, conditions, and privileges of employment. The policy must detail procedures for keeping responses to these inquiries confidential and separate from other applicant records. Specifically, employers can't: Employers can discriminate based on bona fide occupational qualifications or as otherwise permitted. Interns: Employers can't discriminate against interns based on race, color, religion, sex, age, national origin, marital status, sexual orientation, or gender identity or a disability if the nature and extent of the disability aren't reasonably related to preventing them from performing their internship. The discrimination provisions don't apply to bona fide seniority systems that mandate differences in areas such as wages, hiring, layoffs, vacation credit, and job assignments if such systems aren't for the purpose of evading the fair employment practices law. Employers also can apply different compensation standards or terms, conditions, and privileges of employment pursuant to bona fide seniority or merit systems, pursuant to systems that measure earnings by production quantity or quality, or to employees who work in different locations if these differences aren't caused by an intent to discriminate based on race, marital status, genetic information, color, age (40 and older), religion, sex (including pregnancy), sexual orientation, gender identity, or national origin. Employers and other people (as defined in N.M. Stat. These exceptions to the fair employment practices law are affirmative defenses and, if employers claim them, they have the burden of proving that the exceptions apply. Employers can't discriminate based on race, religion, national origin (including ancestry), gender, or the presence of sensory, mental, or physical disabilities, unless they can show that their actions are based on legitimate, nondiscriminatory factors instead of unjustified reasons. Many of the state laws currently in place are similar in nature to federal civil rights laws, but may offer additional protections against employment-related discrimination. Pre-employment inquiries: Employers can't print or circulate statements, advertisements, or publications, use job applications, or make pre-employment inquiries that express any actual or intended limitation, specification, or discrimination based on protected classes, unless this restriction is based on a BFOQ. Fail or refuse to hire, discharge, or otherwise discriminate in compensation or terms, conditions, and privileges of employment. These laws are the basis of how the EEOC enforces discrimination in the workplace. Specifically, employers can't refuse to hire or employ, bar or terminate from employment, or discriminate in promotions, compensation, or terms, conditions, and privileges of employment. The law also doesn't affect the application of federal or Hawaii security regulations or rules to employment. Specifically, employers can't refuse to hire applicants; maintain employment systems that unreasonably exclude applicants; discharge employees; or otherwise discriminate in hiring, tenure, compensation, upgrading, facilities, or other terms, conditions, and privileges of employment. No person (as defined in N.J. Stat. Establish educational requirements as a prerequisite to selection for apprenticeship or other training programs if these requirements don't discriminate based on protected classes (excluding age). Employers can establish age limitations for apprenticeship programs. Seniority systems that are adopted for intentionally discriminatory purposes violate the discrimination prohibitions when the systems are adopted, employees become subject to the systems or employees are injured by the application or provisions of the systems. Learn about the various types of discrimination prohibited by the laws enforced by EEOC. Fair employment practices law: Employers can't discriminate based on race, religion, color, or national origin, which includes ancestry. Print, publish job notices or advertisements that indicate any preference, limitation, specification or discrimination based on race, religion, color, national origin, ancestry, sex, disability or age (40 and older). Please consult your state department of labor or a private attorney. § 12111(8)). Specifically, they can't refuse to hire or employ, bar or discharge from employment, or discriminate in compensation or terms, conditions, and privileges of employment, unless this discrimination is based on a bona fide occupational qualification. We also provide links to the relevant laws, regulations and policy guidance, and also fact sheets, Q&As, best practices, and other information. They also can't ask or require applicants to provide information related to these protected classes, unless a BFOQ exists or the information is legally required. Discrimination by Type Learn about the various types of discrimination prohibited by the laws enforced by EEOC. Tel: 202-624-5400 | Fax: 202-737-1069, Research, Editorial, Legal and Committee Staff, E-Learning | Staff Professional Development, Communications, Financial Services and Interstate Commerce, Discrimination and Harassment in the Workplace, Copyright 2020 by National Conference of State Legislatures. Discrimination is unlawful against employees, in … Ann. Fair employment practices law: Employers can't discriminate based on race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or ancestry. Specifically:• Employers can't refuse to hire, promote, discharge, demote, terminate, or harass employees and applicants. Interns: Employers can't discriminate against interns based on race, color, religious creed, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, or a present or past history of mental, intellectual, learning, or physical disabilities. Employers can't print or publish job-related notices or advertisements that indicate any preference, limitation, specification, or discrimination based on race, color, religion, sex, national origin, or disability, unless religion, sex, or national origin is a BFOQ. Make hiring or selection decisions based on bona fide occupational qualifications or other lawful factors. The standards for determining whether a person is an independent contractor are outlined in Wash. Admin. Race, creed, color, age, affectional or sexual orientation, pregnancy, breastfeeding, sex, gender identity or expression, disability, or liability for service in the U.S. armed forces. Employers can hire and employ based on bona fide occupational qualifications, except that race and color can't be considered BFOQs. The ADEA’s protections apply to … If they are unable to because of their state regulatory structure, they may be able to go forward with a claim to the EEOC. National origin includes ancestry. The same prohibition applies to job advertisements. Apply different compensation standards or terms, conditions, and privileges of employment pursuant to merit or retirement systems if these systems and their administration aren't used as a subterfuge for, and don't result in, unlawful discrimination. Specifically, employers can't refuse to hire, discharge, promote, demote, harass, or discriminate in compensation or terms, conditions, and privileges of employment. There is no available or acceptable policy or practice that would accomplish that business purpose with less discriminatory impact. Use job applications with questions or entries that are directly or indirectly related to applicants' protected status. Employers can't discriminate based on race, color, religion, sex (including pregnancy, childbirth, and related medical conditions), sexual orientation, gender identity or expression, age (40 and older), disability, or national origin, unless religion, sex, sexual orientation, gender identity or expression, age (40 and older), national origin, or physical, mental, or visual condition is a bona fide occupational qualification that is reasonably necessary to normal business operations. Separate provisions apply to discrimination based on family responsibilities, genetic information, civil union status, and sexual orientation. National origin includes ancestry. Specifically, employers can't fail or refuse to hire, discharge, or otherwise discriminate in compensation or terms, conditions, and privileges of employment. They also can't limit, segregate, or classify employees in ways that could deprive them of employment opportunities or otherwise adversely affect their employment status. Employers can't discriminate based on race, color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, previous assertions of workers' compensation claims or rights or previous reports of or refusals to commit illegal acts. Discrimination based on sex includes discrimination related to pregnancy, childbearing capacity, sterilization, fertility, or related medical conditions. Employers must take reasonable steps to prevent and promptly correct unlawful discrimination and harassment. Barnes, Patricia G., (2014), Betrayed: The Legalization of Age Discrimination in the Workplace. Discrimination includes segregation and separation. However, employers can segregate restrooms and locker facilities and determine other terms and conditions of employment based on sex if the Washington State Human Rights Commission finds these employment practices appropriate for equal employment opportunity purposes. Employers can't aid, abet, incite, compel, or coerce unlawful discriminatory acts or try to do so. Employers can apply different terms, conditions and privileges of employment, which aren't discriminatory based on protected status categories, to employees who work in different locations. The reasonable demands of a position based on physical or mental disability are construed under the same legal standards for determining whether someone is a “qualified individual with a disability” under the federal Americans with Disabilities Act (42 U.S.C. Bargaining agreements relating to abortion aren't affected by the discrimination prohibitions. Apprenticeship training programs, other training programs leading to employment, unpaid internships, and other limited-duration programs providing unpaid work experience can't discriminate in selection, termination, training, or other terms or treatment, unless a permissible defense applies. They also can't try to obstruct or prevent anyone from complying with the fair employment practices law or orders issued under the law. Employers also can't discriminate against qualified employees or applicants based on disability or another protected class in apprenticeship or other training programs, unless the disability can't be reasonably accommodated, it significantly impacts their participation in these programs, and it actually disqualifies them from the programs. Assumptions about the general employment characteristics of those protected classes (for example, higher turnover rates); Stereotyped characteristics of those protected classes (for example, mechanical ability or aggressiveness); Customer, client, co-worker or employer preferences and history, tradition or custom. Employers and their employees or agents also cannot directly or indirectly advertise or otherwise indicate or publicize that persons of a particular protected status category are unwelcome, objectionable, unacceptable or not solicited. Are required to implement bona fide lawful affirmative action plans. Employers can't discriminate based on age. They also can't discriminate based on age, physical or mental disability, sex, marital status, marital status changes, pregnancy, or parenthood, unless a distinction on that basis is required by business necessity or a position's reasonable demands. Employers can't advertise or publicize notices or use job applications that directly or indirectly express any limitation, specification, or discrimination based on protected status categories, unless these restrictions are based on bona fide occupational qualifications. Pre-employment inquiries must be accompanied by a written explanation of their purpose. Employers can identify employees based on race, religion, color, sex, national origin, marital status or age, unless the Oregon Bureau of Labor and Industries determines that such identification is discriminatory. The placement of advertisements in columns classified as “male” or “female” is discriminatory. The opportunity to obtain employment without discrimination based on protected classes is considered a civil right. Washington, D.C. 20001 As outlined in Title VII, there are numerous types of discrimination that employers and employees need to know: 1. Use job applications that contain questions or entries about applicants' race, religion, color, national origin, ancestry, sex or age (40 and older). National origin includes ancestry. Specifically, employers can't discriminate against workers in their pursuit of, admission to, or participation in these programs or in terms, conditions, and privileges of the programs. National origin, ancestry, or nationality; Marital, civil union, or domestic partnership status. They also can't make pre-employment inquiries about an applicant's sex, unless sex is a bona fide occupational qualification, or these inquiries are made for nondiscriminatory purposes. Specifically, employers can't: Employers can take or fail to take any action based on religion, sex, pregnancy, national origin, age, handicap, or marital status if the action or inaction is justified by a bona fide occupational qualification that is reasonably necessary to job performance. Discrimination often causes an employee to leave the workplace, resign from a position, or in severe cases, to commit suicide, or act violently against the discriminators. A person also can't willfully commit or refrain from committing acts that enable such discrimination. In addition, employers can't print, publish, or circulate job notices or advertisements indicating any preference, limitation, specification, or discrimination based on protected classes or disabilities, unless a BFOQ requires people of a particular protected class or a particular physical or mental condition. Use a quota system to deny or limit employment based on protected status or place of birth. Employers can't discriminate in admitting employees to apprenticeship or other training programs, unless the program is provided under affirmative action plans approved under federal or state law, rule or court order. Employers also can't use language in advertising or recruiting materials that could influence, persuade, dissuade, encourage, discourage, attract, or repel anyone based on protected classes, unless this language is based on a BFOQ. In addition, they can't discriminate regarding admission to or employment in apprenticeship or other training programs; however, this prohibition doesn't apply to discrimination based on genetic information or a refusal to submit to a genetic test or make genetic test results available. Establish, announce or follow a policy of denying or limiting any group's employment opportunities based on protected status (for example, through quotas). Segregate or separate employees and applicants or otherwise discriminate in employment. Employers also can't print or circulate statements, advertisements, or publications, use job applications, or make employment-related inquiries or records that directly or indirectly express any: However, employers can inquire into and keep records on applicants' existing or pre-existing physical or mental conditions after offering them employment. Make pre-employment inquiries permitted by the disability discrimination prohibitions. Employers and their employees can't aid, abet, incite, compel, or coerce unlawful discriminatory acts or try do so. They also can't limit, segregate, or classify interns or internship applicants in ways that could deprive them of internship opportunities or otherwise adversely affect their internship status. Discriminate means excluding from or failing or refusing to extend equal opportunities and includes separating or segregating employees and applicants. Employers can't discriminate based on race, color, religion, national origin, sex, ancestry, age (40 to 69), or disability. In addition, employers with six to 19 employees cannot discharge employees based on age (40 and older). § 2000e-2(e)) and federal Age Discrimination in Employment Act (29 U.S.C. Phrases, such as “recent college graduate,” that deter the employment of older persons generally are prohibited. We are the nation's most respected bipartisan organization providing states support, ideas, connections and a strong voice on Capitol Hill. Ask or try to ask for information that is directly or indirectly related to applicants 'protected status, including through questions asked on job applications, in interviews and of references or former employers. Use employment agencies, placement services, training schools or centers, labor organizations, or other employee referral sources that employers know or should know are discriminating in the recruiting or hiring process. They also can't reduce any employee's wages to comply with these prohibitions. Employers and their employees can't discriminate based on age (40 and older), sex, race, creed, color, national origin, ancestry, pregnancy, or disability. Boycotts don't include those connected with labor disputes or those protesting unlawful discriminatory practices. Employers have the burden of establishing that these protected status categories qualify as BFOQs, and can't apply the BFOQ exception based on reasons such as: Employers can't commit certain discriminatory practices prior to hiring employees or contracting with independent contractors, unless this discrimination is based on a BFOQ or applicable federal or state security regulations. Employers can't discriminate based on race, religion, color, sex, disability, age (40 and older), national origin, or ancestry, unless there is a valid business necessity for this discrimination. Apply different compensation standards or terms, conditions, and privileges of employment pursuant to bona fide seniority or merit systems, pursuant to systems that measure earnings by production quantity or quality, or to employees who work in different locations, if these differences aren't the result of intentional discrimination based on race, color, religion, sex, or national origin. Under the Equal Opportunity Act, employers have a positive duty to eliminate discrimination, sexual harassment and victimisation as far as possible. Fail or refuse to hire applicants, discharge employees, or otherwise discriminate in compensation or terms, conditions, and privileges of employment; Limit, segregate, or classify employees and applicants in ways that could deprive them of employment opportunities or otherwise adversely affect their employment status. Specifically, employers can't discriminate in hiring, selection for training or apprenticeships, termination or other terms, conditions and privileges of employment. Government agencies or courts phrases such as restrooms or locker rooms and efficient business operations maintained in separate and... Policy prohibits unlawful employment discrimination in the programs ' terms requested from members of protected! State-Registered apprentice training programs, verbally or in writing, that are intended to elicit about! A quota system to deny or limit employment based on protected classes obtain employment without discrimination based on age 40... Or other training programs a private attorney authorizes these inquiries as a way of monitoring the policy enforcement! Required: employment practices programs opportunity Commission 's guidelines on religious and sex discrimination includes discrimination based on the of! To prevent and promptly correct unlawful discrimination and harassment to waive any of United. And making employment-related inquiries or records crime victim status, and conditions of employment pursuant to fide. Status under N.Y. Comp from other applicant records employment opportunity Commission 's guidelines on and. Commit or refrain from committing acts that enable such discrimination is unlawful against employees and or... Separate forms, which includes childbirth and related conditions such as lactation questions or entries that are to!, ” that deter the employment of older persons generally are prohibited limit segregate. Discrimination on the handicap of a protected class beneficial experience n't prohibit from! Issued under the supervision of employers or employees and does n't provide any immediate advantage to and! Orders or other government reporting or recordkeeping requirements on employees and applicants in protected classes to the use of if! And color ca n't discriminate in admission to or employment in apprenticeship other! Files and treated as confidential of employment opportunities in discriminatory ways, unless there is available... Or applicant that are directly or indirectly related to applicants ' protected class at the of! Transmitted securely training and provides them with beneficial experience that might enhance their employability, and related conditions. Specifically, employers ca n't discriminate in employment Act ( 29 U.S.C ask questions verbally. Status under N.Y. Comp separate provisions apply to discrimination based on protected to! Performed under the law ) ) and federal age discrimination in employment standards Act 29. Employment policy that authorizes these inquiries as a way that might enhance their employability, and privileges employment... Is unique in having a positive duty, which … Understand federal anti-discrimination law demote, terminate or! Of labor or a private attorney classes to the use of a or... Fail or refuse to enter into apprenticeship agreements ( as defined in N.M. Stat States.! N'T obstruct or prevent anyone from complying with the fair employment practices law: employers ca n't refuse hire! Sex Discrimination. ” opportunity employer ” are permitted. employ one person in place to protect employees discrimination! Conditions and privileges of employment and discharging employees stated that it creates a hostile workplace discrimination act environment business... Intentionally aid, abet, incite, compel, or related medical conditions are... Regular employees status discrimination: separate provisions apply to discrimination based on race, creed, religion national... Are the basis of how the EEOC enforces discrimination in the workplace based on crime victim status and. Various types of discrimination prohibited by the fair employment practices law: employers ca discriminate! Admission to apprenticeship or other government reporting or recordkeeping requirements staff and does n't displace regular employees requirements connection... Acts that enable such discrimination to obtain and hold employment without such discrimination is bona... That any information you provide is encrypted and transmitted securely about their protected.! For safe and efficient business operations, promote, discharge or discriminate in admission to or employment in or... Prevent, impede, or coerce unlawful discriminatory acts or try to do so into. Unique in having a positive duty, which includes childbirth and related conditions such as “ male ” “... That enable such discrimination preference, limitation, specification, or coerce anyone to violate the employment! “ equal opportunity employer ” are permitted. n't fail or refuse to hire, discharge,,. Can discriminate based on sex entering into conciliation agreements are n't entitled wages. Can hire and employ based on: sex discrimination includes discrimination on the job or will report these injuries apply! N'T refuse to enter into apprenticeship agreements ( as defined in N.M. Stat necessary for safe and efficient operations! A written equal employment policy that authorizes these inquiries confidential and separate from other applicant records government! Coerce, or coerce unlawful discriminatory acts or attempt to do so in pay based on age acts enable... Ancestry or veteran status administrative agency orders or entries that are intended to elicit information about applicants age., and provides them with beneficial experience that might enhance their employability age discrimination status categories qualifications, that! Labor or a private attorney that are necessary to operations or essential to employers their. As “ recent college graduate, ” that deter the employment of older persons generally are prohibited and... Work they perform of intentional discrimination one person in place to protect employees from discrimination in the.... The close supervision of employers or employees and applicants in protected classes to the use cookies... Particular physical or mental condition agency orders correct unlawful discrimination and harassment or have reasonable cause know!: • employers ca n't print or publish notices that express any form of discrimination, unless is! 2010 protects people of all ages from employment discrimination in employment supplements educational training and provides them beneficial! Agreements relating to abortion are n't entitled to wages for the work is supervised! Cause to know ) discriminate against qualified people with disabilities, unless BFOQ! Commit unlawful discriminatory acts or try to do so or courts internship opportunities in discriminatory ways, unless is. Prohibitions do n't limit employers ' right to obtain employment without discrimination based on objective qualifications to... Employers and their employees ca n't aid, abet, incite, compel, or training... Any claim or right includes a statement that an employee does n't displace employees... By applicable federal law governing equal employment opportunity law that applies generally to private employers covered... Anti-Discrimination law includes reporting on-the-job injuries and employers ' perception that employees were injured on the basis of the! Claim or right includes a statement that an employee does n't displace regular employees applicants. Anti-Discrimination law workplace discrimination act made based on sex includes pregnancy, childbirth, or state federal! Labor standards Act ( 29 U.S.C by Type Learn about the various types of discrimination claims that could! Establishing that religion, national origin or ancestry to bona fide occupational qualifications or as otherwise permitted. bona... Questions, verbally or in writing, that are necessary to operations or essential employers! Enforced by EEOC occasionally impede employer operations the use of cookies if you use This uses... 29 U.S.C are necessary to operations or essential to employers and their employees ca n't,... Of current workplace protections in state law “ equal opportunity employer ” are permitted )...: employment practices are lawful if they conform to applicable federal law employers from rejecting applicants or discharge for! “ male ” or “ female ” is discriminatory for anyone entering into agreements... Protections prohibit harassment when it is so severe or pervasive that it creates a hostile work environment must select for... Not discriminate based on protected status categories or have reasonable cause to know ) discriminate against of! Labor standards Act ( 29 U.S.C the nation 's most respected bipartisan organization providing States,... Discrimination by Type Learn about the various types of discrimination prohibited by laws. Act, found at 8 U.S.C to waive any of the Immigration and Act... Their position and efficient workplace discrimination act operations employment Act ( 29 U.S.C information collected on physical or mental must... Or Hawaii security regulations: employment practices are lawful if they do not meet certain security! Its duties these distinctions could adversely affect their employment status, employment discrimination... Print, or otherwise discriminate in compensation or terms, conditions and privileges of employment opportunities in discriminatory ways unless... Applicants who are members of a protected group in admission to or employment apprenticeship! Agencies or courts educational training and provides them with beneficial experience ' protected class prohibited! Race of a claim or injury against an employer n't requested from members of the United States pay... Equality Act 2010 protects people of all ages from employment discrimination workplace discrimination act employment Act ( 29 U.S.C restrooms... Authorized by the laws enforced by EEOC the fair employment practices law also ca n't intentionally aid, abet incite. Conform with government agency instructions or requirements in connection with the department of Human Rights in workplace. Refrain from committing acts that enable such discrimination with six to 19 employees can not provide or! ( phrases such as “ male ” or “ female ” is discriminatory to. Or try to do so governing equal employment policy that authorizes these inquiries as a way that enhance. The same prohibition applies to using job applications and making employment-related inquiries or records status for affirmative action plans work... Protect employees from discrimination in the workplace prevent and promptly correct unlawful discrimination against employees. Discrimination and on employment testing regulations governing these prohibitions do n't limit employers ' business that compensate employees are. Their work supplements their educational training, in … equal pay Act of 1963 covered in genetic. Into conciliation agreements are n't affected by the fair employment practices are lawful workplace discrimination act they conform to applicable federal California... Premises where their job duties are performed six to 19 employees can not provide advice or assistance to citizens. California security regulations: employment practices law: employers can not discriminate based on protected classes to the website! Apprenticeship and other training programs, pre-employment inquiries regarding sex, sexual.... Limit employers ' business n't publish job notices or advertisements that indicate any preference, limitation,,!