What Is Discrimination Law?

Federal and state laws seek to protect people from unfair treatment based on certain protected characteristics or classes. Determining whether you are protected under one of the various anti-discrimination statutes or whether you have a federal or state discrimination claim can be challenging.

The following is designed to give you an overview of common discriminatory practices and the laws prohibiting them. Speaking with an experienced discrimination attorney in your area can clarify the situation. They will explain your legal options so you can feel confident enforcing your legal rights.

Understanding Discrimination Law

“So many people, even lawyers who don’t focus on discrimination law, are confused by what discrimination is,” says Nina T. Pirrotti, an employment law attorney at Garrison, Levin-Epstein, Fitzgerald & Pirrotti in New Haven, Connecticut, who represents employees in a wide range of actions.

Two misconceptions need to be cleared up, Pirrotti says. “On the one hand, there are many people who hear the phrase, ‘We’re an at-will employment state’ and since ‘at-will employment’ means the employer can terminate an employee for any reason, they assume they have no legal recourse. On the other side, there are people who assume that every mention of a ‘hostile work environment’ or ‘discrimination’ is necessarily protected.”

Neither extreme is true.

Misconception 1: “At-Will Employment” Means I Can Be Fired For Illegal Reasons

“First of all, yes, most states have at-will employment. This means that employers can terminate someone for any reason at all — except an unlawful one. So, you could terminate someone because they like to wear stripes, and you have a bad feeling about stripes. That is completely irrational and makes no business sense, but it’s not an unlawful reason to terminate someone,” she says.

“On the other hand, if you’re terminating someone and you’re motivated by their membership in a protected class — race, gender, pregnancy, disability, religion, sexual orientation, etc. — those are unlawful, discriminatory reasons. Then you can be held accountable.”

Misconception 2: Discrimination Simply Means an Unpleasant Work Environment

“But there’s also a misconception about words that we use in common, everyday language, such as ‘hostile work environment’ or ‘discrimination.’ For example, someone casually says, ‘Oh my god, I work in a hostile work environment.’ And the truth is that too many of us do work in a hostile work environment in the colloquial sense — for example, we have an abusive boss, coworkers who are unkind, or an atmosphere that is fraught with stress and tension. All of that makes up a hostile work environment in the everyday sense.”

But when it comes to employment law and having a valid legal claim, “hostile work environment” is a term of art, says Pirrotti. “It doesn’t apply just to an unpleasant atmosphere. It only applies to those situations where somebody is being targeted for hostile treatment or potentially adverse employment actions because they are a member of a protected class.”

Key Legal Protections Against Discrimination

Discrimination occurs when someone treats similarly situated people differently based on certain characteristics, often referred to as protected classes. A protected class is a group of people who share a common characteristic and are protected from discrimination based on that characteristic.

The United States has a robust legal framework to prohibit discrimination against protected classes in various aspects of life. Discrimination laws address unfair treatment in many areas, including employment, housing, education, voting rights, and public accommodations.

Types of Discrimination

Discrimination laws seek to prohibit discrimination against protected classes. Protected classes under the statutes include the following:

• Race
• Color
• Ethnicity
• National origin
• Sex (including gender identity, sexual orientation, and pregnancy status)
• Family or marital status
• Age
• Disability
• Religion
• Military or veteran status
• Genetic information
• Citizenship
• Retaliation

Federal, state, and local laws play a critical role in ensuring that protected classes are protected against all forms of discrimination.

The Role of Federal and State Anti-Discrimination Laws

Federal law creates a baseline of protected classes on which state laws may build additional protections. Some key anti-discrimination laws include:

• Title VII of the Civil Rights Act of 1964 prohibits discriminatory practices in employment decisions, including hiring, promotion or demotion, and firing.
• The Equal Pay Act requires employers to pay men and women equal pay for equal work.
• The Age Discrimination in Employment Act (ADEA) prohibits discrimination in employment. on the basis of a person’s age.
• The Americans with Disabilities Act of 1990 (ADA) prohibits disability discrimination.
• The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by federal agencies.

Key legislation allows individuals to seek remedies if their rights are violated. They also help ensure that nondiscrimination policies are the norm in various aspects of society, which is fundamental to upholding human rights. These laws help ensure equal treatment and protection for all individuals under the law.

How Discrimination Law Impacts Various Sectors

Though discrimination claims often arise in the employment context, federal and state laws also prohibit other types of discrimination, including voting, housing, and credit discrimination.

Discrimination in Employment

As noted, employment discrimination is the unfair treatment of similarly qualified job applicants or employees based on their membership in a protected class.

Discriminatory employment practices can occur in the following:

• Hiring
• Firing
• Job assignment
• Compensation
• Retaliation
• Other decisions concerning terms and conditions of employment

Sexual harassment, including hostile work environments, is also a form of workplace discrimination prohibited by state and federal law.

Employment discrimination complaints under federal law are usually handled by the Equal Employment Opportunity Commission (EEOC). The EEOC enforces Title VII of the Civil Rights Act to prevent employment discrimination. Before you can file a private lawsuit for discrimination, you must file a complaint with the EEOC and obtain a Notice of Right to Sue. This process is known as exhausting your administrative remedies — in other words, do what you can through the government agency before suing.

States also have employment agencies that handle state discrimination claims, and requirements for filing a complaint can vary. It’s wise to speak with a lawyer about the steps of the process if you are considering legal action.

Discrimination in Voting

Constitutional amendments prevent voting discrimination based on race, age, and sex. Additionally, the federal Voting Rights Act (VRA) further protects against racial discrimination in voting. However, the interpretation of the VRA’s provisions is constantly evolving through Supreme Court and lower federal court case law.

Federal law also requires that states make voter registration available when people apply for or receive government services like driver’s licenses. States must also make absentee voting available to armed forces stationed away from home and citizens living abroad, and they must make polling places accessible to those with disabilities.

Discrimination in Housing

The federal Fair Housing Act and comparable state laws prohibit housing discrimination. The Act prohibits discrimination based on race or color, religion, national origin, familial status, age, disability, or sex.

Overt housing discrimination happens when a landlord refuses to rent or sell to people based on their membership in a protected class. Discrimination can take more subtle forms, including:

• Advertisements that express a limitation or preference based on a protected category
• Different terms for different residents, including larger security deposits or inconsistent handling of late payments
• Refusal to provide reasonable accommodations to tenants with disabilities
• False denials regarding the availability of units
• Refusing to rent to a person with family members who include children in the household

The federal Department of Housing and Urban Development administers and enforces the Fair Housing Act, so complaints of discrimination should be filed with them. Your state may also have an agency that enforces your state’s housing laws.

Discrimination in Credit Transactions

The federal Equal Credit Opportunity Act exists to protect consumers against discrimination in credit transactions based on membership in a protected class.

Creditors cannot, based on your membership in a protected class, refuse to extend credit if you qualify. They also cannot discourage you from applying for credit or offer you less favorable terms than they offer to others with similar qualifications.

The Consumer Financial Protection Bureau (CFPB) enforces the Act. The CFPB recommends looking for the following warning signs of discrimination:

• You are treated differently in person than you were on the phone
• You are discouraged from applying for credit
• You are refused credit for which you qualify
• You are denied credit with no explanation
• You feel pressured to sign

In addition to the federally protected classes, the Equal Credit Opportunity Act includes protections for people who receive income from any public assistance program.

Why Should I Talk to a Lawyer?

You do not have to tolerate discrimination in the workplace or other areas of your personal and civic life. It is illegal, and there are legal options to address it.

Pirrotti says that many employees endure discrimination or a hostile work environment when they don’t have to. In part, this is because they don’t know what’s expected or legitimate.

“One of the reasons we ask prospective clients to fill out a questionnaire about their workplace experience is that they often think violations have to be something really explicit, like not getting compensated properly. But many times, we learn that they’re putting up with a hostile environment when they don’t need to, and it isn’t even on their radar that the discrimination is happening,” she says.

“This is more common among young professionals who are starting their careers and are really just trying to figure out: What am I entitled to expect? What am I not? What’s a legitimate concern? What isn’t?”

But it’s not just young professionals. “You’d be surprised that it also happens among more seasoned employees. For example, I had someone come to me and explain a situation where during a meeting with her boss, the boss was putting his hand on her knee under the table. When I tried to probe that, she said, ‘Oh, that’s just the way he is.’ The problematic behavior may become so chronic or accepted that it fails to be recognized for what it is, which is unlawful conduct that should not happen.”

The upshot is that if you are uncomfortable in your work environment or there are adverse employment actions you suspect are discriminatory, feel free to seek out and consult an attorney about what you are experiencing.

An attorney with experience in discrimination cases will be able to advise you on navigating the early process of reporting discrimination or harassment and how to document and gather evidence. They will also be equipped to give legal advice about your specific case, anticipating potential problems, deadlines, and legal procedures.

Find the Right Attorney for Your Needs

It is important to approach the right type of attorney — someone who can help you through your entire case. To do so, you can visit the Super Lawyers directory, and use the search box to find a lawyer based on your legal issue or location. Look for a lawyer who practices discrimination law.

Discrimination Law Attorney FAQs

Here are some frequently asked questions when meeting with a discrimination law attorney for the first time:

What Constitutes Discrimination Under the Law?

You may have experienced mistreatment or uncomfortable situations as an employee but are unsure if it meets the legal definition of discrimination. An attorney can give you clarity on actions and behaviors that qualify as discrimination under federal and state laws.

What Should I Do if I’ve Been Discriminated Against?

You may be uncertain about what actions to take after experiencing discrimination at work, school, or other setting. An attorney can guide you on documenting incidents, reporting to HR or relevant authorities, or filing a complaint with the appropriate agency. An attorney can also give legal advice on whether you have a lawsuit and the necessary steps to protect your legal rights and build a case.

What Are My Options for Seeking Justice and Compensation?

An essential question in deciding to take any legal action is what benefit it will bring you and whether it’s worth taking legal action in light of potential outcomes. An attorney can help clarify your goals in taking legal action and discuss the remedies available under the law, such as monetary damages, reinstatement to a job, or changes in workplace policies. An attorney can also discuss alternatives to litigation, making sure you pursue the best course for your situation.

What Is Your Experience in Discrimination Cases?

There are many different areas of law and legal expertise. It’s important to get a lawyer who has experience in cases similar to your own. For example, you probably wouldn’t get a criminal defense attorney for estate planning or a lawyer who focuses exclusively on estate planning for discrimination cases. When researching and meeting with a lawyer, get to know their background and assess if you can work effectively with them. The initial consultation is also the time to discuss attorney’s fees and the practical aspects of the attorney-client relationship.