Employers are prohibited from using protected categories as a basis for taking adverse employment actions (such as refusal to hire, suspension, demotion and termination) against employees or applicants. For instance, employers are prohibited from treating employees or potential employees differently or adversely due to their being white or black or Hispanic or any other race or due to the fact that one is a parent or one needs time away from work for child birth or adoption, including several other scenarios.

Most states have enacted legislation to delineate the protected classes; while on the federal sphere, the Equal Employment Opportunity Commission ("EEOC") is the primary enforcing agency and protected classes include:

  • Race, color, religion, sex and national origin, pursuant to Title VII of the Civil Rights Act of 1964.

  • Race is also a protected class pursuant to 42 U.S.C. 1981 (Section 1981)

  • Disability, pursuant to the Americans with Disabilities Act (ADA)

  • Pregnancy and breastfeeding under the Pregnancy Discrimination Act (PDA)

  • Age, under the Age Discrimination in Employment Act (ADEA)

  • Veteran status under the Uniformed Services Employment and Reemployment Rights Act (USERRA)

Read more information on this topic in our Employment Law Blog, subjects include:

The Law Office of Sheri Oluyemi, LLC has assisted numerous clients with discrimination and harassment claims; it’s what we do. You can read client testimonials here.

Each case is unique; consult with Attorney Oluyemi regarding your unique circumstances.