Employment Discrimination

Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. There is also a growing body of law preventing or occasionally justifying employment discrimination based on sexual orientation.

Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment. The main body of employment discrimination laws is composed of federal and state statutes.

The United States Constitution and some state constitutions provide additional protection where the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer.

What Are the Federal Laws Prohibiting Job Discrimination?

• Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
• the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
• the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
• Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
• Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and
• the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.

The Employment Non-Discrimination Act (ENDA) would prohibit discrimination on the basis of sexual orientation, providing basic protection to ensure fairness in the workplace for Americans who are currently denied equal protection under the law. ENDA does not create "special rights." The bill explicitly prohibits preferential treatment and quotas. In addition, it exempts small businesses, religious organizations and the military, and does not require benefits to the same sex partners of employees.

There is widespread bipartisan support for ENDA and with your help we can urge Congress to pass this important piece of civil rights legislation. On the right-hand side of this page, you will find links to ENDA's background and important information on the bill.