Do Anti-Discrimination Laws Apply Beyond Employment?

Antidiscrimination laws include more than just fair employment protections. People have the right to equal treatment in housing, education, and public accommodations. Some states have stronger antidiscrimination laws than federal protections.

Understand your right to be free from discrimination and how you can take action to protect your human rights. Contact a local discrimination lawyer for legal advice about your legal protections.

Understanding the Scope of Antidiscrimination Laws

Some of the most common complaints of discrimination involve employment. Employment discrimination applies to job applicants and employees. However, state and federal laws provide antidiscrimination protections in areas beyond employment, including housing, education, public accommodations, and health care.

The primary federal anti-discrimination protections come from the Civil Rights Act of 1964:

• Title VII of the Civil Rights Act of 1964 applies to employment discrimination
• Title II applies to public accommodations
• Title IV and Title IX apply to education rights
• Title VI applies to federal funding

Other federal laws include:

• Americans with Disabilities Act (ADA)
• Age Discrimination in Employment Act (ADEA)
• Equal Pay Act (EPA)
• Fair Housing Act (FHA)
• Immigration Reform and Control Act of 1986 (IRCA)

Protected Classes Under Anti-Discrimination Laws

Protected characteristics depend on the anti-discrimination law. While federal law sets a baseline of protection, state laws may establish additional protected classes and apply non-discrimination protections to more situations.

Protected classes under federal and state statutes include:

• Race
• Color
• Sex (including sexual orientation and gender identity)
• Pregnancy and pregnancy-related medical conditions
• Religion
• National origin
• Age (40 or older)
• Disability
• Genetic information

In Bostock v. Clayton County (2020), the U.S. Supreme Court clarified that Title VII’s prohibition of sex discrimination in employment includes sexual orientation and gender identity.

Sexual orientation and gender identity currently have limited federal protections beyond employment. However, some state laws explicitly include protections on the basis of sexual orientation and gender identity.

State Anti-Discrimination Protections

Many state and local laws have additional protected characteristics beyond federal classes. For example, California’s Fair Employment and Housing Act also includes protections based on:

• Gender identity
• Medical condition
• Marital status
• Military status or veteran status

Victims of discrimination can file complaints with state or federal agencies to have their claims resolved. In some cases, victims of discrimination can file a civil lawsuit for damages. Talk to a discrimination lawyer to find out if you faced illegal discrimination under federal or state law based on a protected characteristic.

Fair Housing and Real Estate Nondiscrimination

The Fair Housing Act (FHA) prohibits discrimination in housing, including renting, buying, financing, and public housing. Fair housing laws cover almost all types of housing. There are some exceptions for certain housing owned by religious organizations and single-family houses sold or rented by the individual owner.

It is illegal to discriminate in housing on the basis of race, religion, color, sex, disability, familial status, or national origin. Housing nondiscrimination laws include protections against threats or retaliation for reporting fair housing violations.

Discriminatory Practices in Education

Federal antidiscrimination laws prohibit discrimination in education. This includes public schools, universities, vocational schools, and schools receiving federal financial assistance. Education protections cover admissions, recruitment, financial aid, housing, and school athletics. The U.S. Department of Education Office for Civil Rights investigates and enforces discrimination claims.

Title IX claims are some of the most common discrimination complaints in education. Title IX sex discrimination protections include sexual harassment and sexual assault. Harassment and assault fall under Title IX when they involve students, faculty, or happen on school grounds. Most schools have a Title IX coordinator to handle Title IX complaints.

Public Accommodations and Services

Public accommodations are privately run services available to the public, including hotels, restaurants, hospitals, retail stores, and service centers. Even though these businesses are privately owned and operated, they fall under federal civil rights laws.

Under Title II of the Civil Rights Act, people can use public accommodations without discrimination based on race, color, religion, or national origin. The ADA extends public accommodations access for people with disabilities. Businesses open to the public must make reasonable accommodations to serve customers with disabilities. This includes allowing service animals and removing architectural barriers when achievable.

Many state public accommodation laws include additional protected classes such as age, sexual orientation, gender identity, and immigration status.

Legal Protections Across Different Contexts

The process for reporting illegal discrimination depends on the type of discrimination. For discriminatory employment practices, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). You can also file a discrimination claim with your state agency for state law violations.

To file a claim under the Fair Housing Act, you can file a claim with the U.S. Department of Housing and Urban Development (HUD). For other federal antidiscrimination laws, you can file a complaint with the U.S. Department of Justice Civil Rights Division.

In some states, you don’t have to wait for the state or federal government agency to investigate the charge of discrimination. You can file a civil lawsuit against your employer, landlord, or healthcare provider for violating discrimination statutes. In a lawsuit, you can recover damage and get injunctive relief, including:

• Reinstating your job or housing
• Lost wages
• Medical care
• Emotional distress
• Punitive damages
• Attorney’s fees

It’s important to talk to a discrimination attorney about the legal remedies available under your state’s laws.

Get Legal Help

Antidiscrimination laws protect civil and human rights. Everyone should have equal access to education, housing, employment, healthcare, and public services. Contact a discrimination lawyer about how to report illegal discrimination. Your attorney can also help you file a civil rights lawsuit to recover compensation.

Many of your legal protections depend on your state and local laws. For legal advice about your antidiscrimination protections, contact a local discrimination attorney.