What Is Discrimination Law?

Federal and state anti-discrimination laws 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 provides an overview of common discriminatory practices and the laws that prohibit them. Speak with an experienced discrimination attorney in your area who can explain your legal options and help enforce 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 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 employers can terminate someone for any reason — 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,” Pirrotti says.

“On the other hand, if you’re terminating someone and you’re motivated by their membership in a protected class, such as 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

“There’s also a misconception about words that we use in common, everyday language, such as ‘hostile work environment’ or ‘discrimination,’” says Pirrott.

“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, unkind coworkers, or an atmosphere rife 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.

Key Federal 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 discrimination in employment decisions, including hiring, promotion, 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 discrimination against individuals with disabilities
• The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by federal agencies

Employment Discrimination Laws by State

State	Extended Protected Classes Beyond Federal	Covered Employer Size Threshold	State Discrimination Statute
Alabama	Federal standards	15 or more employees	Federal law
Alaska	Marital status, changes in marital status, pregnancy, parenthood	1 or more employees	Alaska Stat. § 18.80.220
Arizona	Genetic testing results	15 or more employees (1+ for sexual harassment)	Ariz. Rev. Stat. § 41-1463
Arkansas	Federal standards	9 or more employees	Ark. Code Ann. § 16-123-107
California	Marital status, military status, medical condition, ancestry, reproductive health decisions, gender expression, hairstyles and texture	5 or more employees (1+ for sexual harassment)	Cal. Gov. Code § 12940
Colorado	Marital status, hairstyles	1 or more employees	Colo. Rev. Stat. § 24-34-402
Connecticut	Marital status, ancestry, veteran status, mental disorder, learning disabilities, gender identity and expression, hairstyles , domestic violence victim, reproductive health decisions	1 or more employees	Conn. Gen. Stat. § 46a-60
Delaware	Marital status, sexual orientation, gender identity, reproductive health decisions, family responsibilities, domestic violence victim	4 or more employees	Del. Code Ann. Tit. 19, § 711
Florida	Marital status	15 or more employees	Fla. Stat. § 760.10
Georgia	Federal standards	15 or more employees	Federal law
Hawaii	Marital status, arrest and court records, reproductive health decisions, military status, domestic/sexual violence victim, child support	1 or more employees	Haw. Rev. Stat. § 378-2
Idaho	Federal standards	5 or more employees	Idaho Code § 67-5909
Illinois	Marital status, military status, unfavorable military discharge, ancestry, arrest record, citizenship/work authorization, protective order victim, reproductive health decisions, hairstyles	1 or more employees	775 ILCS 5/2-102
Indiana	Ancestry, smoking	6 or more employees	Ind. Code § 22-9-1-1
Iowa	Sexual orientation and gender identity	4 or more employees	Iowa Code § 216.6
Kansas	Ancestry	4 or more employees	Kan. Stat. § 44-1009
Kentucky	Smoking	8 or more employees (15+ for disability)	Ky. Rev. Stat. Ann. § 344.040
Louisiana	Sickle cell trait, genetic history, smoking	15 or more employees	La. Rev. Stat. Ann. § 23:332
Maine	Ancestry, familial status, hairstyles	1 or more employees	Me. Rev. Stat. Tit. 5, § 4572
Maryland	Marital status, hairstyles	15 or more employees (1+ for sexual harassment)	Md. Code, State Gov’t § 20-606
Massachusetts	Ancestry, military status, hairstyles, criminal record	6 or more employees	Mass. Gen. Laws Ch. 151B, § 4
Michigan	Height, weight, marital status, family status, hairstyles	1 or more employees	Mich. Comp. Laws § 37.2202
Minnesota	Marital status, public assistance, hairstyles	1 or more employees	Minn. Stat. § 363A.08
Mississippi	Federal standards	15 or more employees	Federal law
Missouri	Ancestry	6 or more employees	Mo. Rev. Stat. § 213.055
Montana	Marital status	1 or more employees	Mont. Code Ann. § 49-2-303
Nebraska	Marital status	15 or more employees	Neb. Rev. Stat. § 48-1104
Nevada	Federal standards	15 or more employees	Nev. Rev. Stat. § 613.330
New Hampshire	Marital status	6 or more employees	N.H. Rev. Stat. § 354-A:7
New Jersey	Marital status, sexual orientation, atypical hereditary cellular or blood trait, military status, hairstyles	1 or more employees	N.J. Stat. § 10:5-12(s)
New Mexico	Ancestry, spousal affiliation, hairstyles	4 or more employees	N.M. Stat. § 28-1-7
New York	Age (protects individuals 18+), marital status, familial status, military status, domestic violence, criminal record, hairstyles, political choice	1 or more employees	N.Y. Exec. Law § 296
North Carolina	Federal standards	15 or more employees	N.C. Gen. Stat. § 143-422.2
North Dakota	Marital status, public assistance status	1 or more employees	N.D. Cent. Code § 14-02.4-03
Ohio	Military status, ancestry	4 or more employees	Ohio Rev. Code § 4112.02
Oklahoma	Smoking	15 or more employees	Okla. Stat. Tit. 25, § 1302
Oregon	Marital status, expunged juvenile record, hairstyles	1 or more employees	Or. Rev. Stat. § 659A.030
Pennsylvania	Ancestry, use of a guide or support animal due to blindness/deafness	4 or more employees	43 Pa. Stat. § 955
Rhode Island	Marital status, military status	4 or more employees	R.I. Gen. Laws § 28-5-7
South Carolina	Federal standards	15 or more employees	S.C. Code § 1-13-80
South Dakota	Ancestry	1 or more employees	S.D. Codified Laws § 20-13-10
Tennessee	Federal standards	8 or more employees	Tenn. Code Ann. § 4-21-401
Texas	Hairstyles	15 or more employees	Tex. Lab. Code Ann. § 21.051
Utah	Sexual orientation, gender identity	15 or more employees	Utah Code § 34A-5-106
Vermont	Place of birth, ancestry, credit history, crime victim status	1 or more employees	Vt. Stat. Tit. 21, § 495
Virginia	Marital status, veteran status, hairstyles	5 or more employees (1+ for wrongful termination)	Va. Code § 2.2-3905
Washington	Marital status, military status, use of a trained dog guide or service animal, hairstyles	8 or more employees	Wash. Rev. Code § 49.60.180
Washington, D.C.	Marital status, personal appearance, sexual orientation, gender identity and expression, family responsibilities, political affiliation, credit information, domestic violence victim, source of income, homelessness	1 or more employees	D.C. Code § 2-1402.11
West Virginia	Ancestry	12 or more employees	W. Va. Code §16B-17-9
Wisconsin	Marital status, criminal record, military service	1 or more employees	Wis. Stat. § 111.321
Wyoming	Federal standards	2 or more employees	Wyo. Stat. § 27-9-105

How Discrimination Law Impacts Various Sectors

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

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 the 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), which enforces Title VII. 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 everything you can through the government agency before filing a lawsuit.

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 process if you’re 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 U.S. 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, such as driver’s licenses. States must also make absentee voting available to members of the armed forces stationed away from home and to citizens living abroad, and must make polling places accessible to people with disabilities.

Discrimination in Housing

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

Overt housing discrimination occurs when a landlord refuses to rent or sell to people because of 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 U.S. 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 (ECOA) protects consumers from 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 ECOA. 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, ECOA protects people who receive income from any public assistance program.

You Don’t Have To Put Up With Workplace Discrimination

You don’t 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 in which, during a meeting with her boss, he put 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.”

When Should You Talk to a Discrimination Law Attorney?

The upshot is that if you are uncomfortable in your work environment or suspect that adverse employment actions 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

Visit the Super Lawyers directory to find an experienced discrimination law attorney in your area.