What Is a Protected Class in Discrimination Law?

Equality under the law is a hallmark of a democratic society. To promote this ideal, Congress has passed anti-discrimination laws to ensure fair treatment for everyone regardless of their background or identity. These legal protections are based on a person’s membership in a protected class.

This article explains the meaning of a protected class in discrimination law and the importance of seeking legal help from an experienced discrimination attorney.

What Is a Protected Class?

Unlawful discrimination is when a person is treated unfairly based on protected characteristics. A protected class is a group of people protected from discrimination based on specific characteristics.

A robust legal framework in the United States prohibits discrimination against protected classes. Discrimination laws address unfair treatment in many areas, including employment, housing, education, voting rights, and public accommodations.

Federal Protected Classes

The following are some of the most important federal anti-discrimination laws:

• Title VII of the Civil Rights Act of 1964 is a key piece of legislation that prohibits discrimination based on race, color, religion, sex (including gender, gender identity, pregnancy, and sexual orientation), national origin, disability, or age.
• The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities.
• The Equal Pay Act of 1963 protects men and women from sex-based wage discrimination for employees who perform substantially equal work in the same work environment.
• The Pregnant Workers Fairness Act of 2022 (PWFA) requires a covered employer to provide reasonable accommodations to worker’s known limitation related to pregnancy, childbirth, or related medical conditions unless the accommodation will cause an undue hardship.
• The Age Discrimination in Employment Act of 1967 (ADEA)protects persons 40 years or older from age-based employment discrimination.
• The Rehabilitation Act of 1973 and amendments, protects employees and job applicants from employment discrimination based on disability.
• The Fair Housing Act (FHA) forbids discrimination in the sale, renting, or financing of housing based on race, color, national origin, religion, family status, or disability.
• The Genetic Information Non-discrimination Act (GINA) prohibits discrimination based on genetic information in employment actions and health insurance.
• The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits civilian employers from discriminating against them based on present, past, and future military service.

Although criminal history is not a protected class under federal law, discrimination based on a criminal record can still be illegal under certain circumstances, such as if it disproportionately impacts a protected group.

State-Level Protected Classes

Federal anti-discrimination laws provide a baseline of protection. There may be additional protections under state laws for categories such as:

• Gender expression
• Marital status
• Immigration status
• Reproductive health decisions

State protections for marginalized groups vary by state, creating a patchwork of legal standards across the country. Thus, getting help understanding federal and state laws is critical to effectively advocating for your rights.

Why Are Protected Classes Important?

The existence of protected classes means it’s illegal to discrimination against people based on their personal traits. Legally protecting characteristics such as race, gender, religion, age, and disability promotes fairness, equality, and inclusion.

If anti-discrimination laws didn’t protect certain characteristics, people who are discriminated against because of those characteristics would have no legal recourse. Employers would have no incentive to foster just and inclusive workplaces.

Understanding the legal protections afforded to these groups is essential for recognizing and combating unlawful discrimination a wide range of situations, including employment, housing, education, healthcare, and voting.

How To Identify Discrimination Against Protected Classes

It can be challenging to recognize discrimination against a protected class; it can take many forms. Look for situations where individuals or groups are treated unfairly compared to others in similar situations. It’s critical to pay attention to subtle or systemic behaviors that create a hostile or exclusionary environment.

If you experience discrimination based on a protected class status, there is help. For example, the U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces federal laws against job discrimination and harassment and is responsible for several employment discrimination laws.

You may have additional workplace rights under other federal, state, or local laws, and an employer may have additional policies. An experienced discrimination attorney can assist you with legal protections for a member of a protected class under relevant anti-discrimination statutes applicable to your situation.

Get Legal Help

If you or a family member has experienced discrimination or has questions about protected classes under state or federal law, consider speaking with an attorney about your legal options. An attorney can determine whether you have any legal claims and help you navigate each step of your case.

To begin searching for an experienced attorney in your area, visit the Super Lawyers directory of discrimination law attorneys. See our overview of discrimination law to learn more about this legal area.