Federal laws protect you from unlawful discrimination in the workplace. If you feel that your employer has engaged in, or is engaging in unlawful discrimination, you should know your rights and your employer's obligations under federal anti-discrimination laws. A basic explanation of these federal laws is set forth below. If you are a federal employee and are interested in learning about the anti-discrimination laws that apply in the federal sector, click here.

• Title VII of the Civil Rights Act (Title VII)
• Race Discrimination
• Sex Discrimination
• National Origin Discrimination
• Religious Accomodation
• Age Discrimination in Employment Act (ADEA)
• Equal Pay Act (EPA)
• Title I of the Americans With Disabilities Act (ADA)

Under Title VII, the ADA, and the ADEA, it is illegal to discriminate in any aspect of employment, including:

• hiring and firing;
• compensation, assignment, or classification of employees;
• transfer, promotion, layoff, or recall;
• job advertisements;
• recruitment;
• testing;
• use of company facilities;
• training and apprenticeship programs;
• fringe benefits;
• pay, retirement plans, and disability leave; or
• other terms and conditions of employment.

In addition, Title VII, the ADA and ADEA prohibit discrimination in the form of the following:

• harassment on the basis of race, color, religion, sex, national origin, disability, or age;
• retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;
• employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and
• denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability.

Title VII prohibits not only intentional discrimination, called disparate treatment discrimination, but also prohibits practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex. This type of discrimination is called disparate impact discrimination. An example of this type of discrimination would be where an employer uses a testing procedure that appears neutral on its face but has the effect of causing a disparate impact on a protected class.

Title VII protects individuals against employment discrimination on the basis of race and color as well as national origin, sex, or religion. It is unlawful to discriminate against any employee or applicant for employment because of his/her race or color in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. Title VII prohibits both intentional discrimination and neutral job policies that are not job-related that disproportionately exclude minorities.

In addition, equal employment opportunity cannot be denied because of marriage to or association with an individual of a different race; membership in or association with ethnic based organizations or groups; or attendance or participation in schools or places of worship generally associated with certain minority groups.

Race-Related Characteristics and Conditions

Discrimination on the basis of an immutable characteristic associated with race, such as skin color, hair texture, or certain facial features violates Title VII, even though not all members of the race share the same characteristic. Title VII also prohibits discrimination on the basis of a condition which predominantly affects one race unless the practice is job related and consistent with business necessity. For example, since sickle cell anemia predominantly occurs in African-Americans, a policy which excludes individuals with sickle cell anemia must be job related and consistent with business necessity. Similarly, a "no-beard" employment policy may discriminate against African-American men who have a predisposition to pseudofolliculitis barbae (severe shaving bumps) unless the policy is job related and consistent with business necessity.

Harassment

Harassment on the basis of race and/or color violates Title VII. Ethnic slurs, racial "jokes," offensive or derogatory comments, or other verbal or physical conduct based on an individual's race/color constitutes unlawful harassment if the conduct creates an intimidating, hostile, or offensive working environment, or interferes with the individual's work performance.

If a supervisor causes the racial harassment and the harassment results in a tangible employment action such as reassignment or termination of the harassed employee, the employer is automatically liable for the harassment. If no tangible employment action results, the employer will still be held accountable unless it can establish that:

(1) it exercised reasonable care to prevent harassment;

(2) it exercised reasonable care to promptly correct harassment; and

(3) the employee unreasonably failed to utilize any corrective mechanism.

Segregation and Classification of Employees

Title VII is violated where minority employees are segregated by physically isolating them from other employees or from customer contact. Title VII also prohibits assigning minorities to minority establishments or geographic areas.

In addition to its prohibition against discrimination based on an employee's gender, Title VII's specifically prohibits (1) sexual harassment, and (2) discrimination based on pregnancy:

1. Sexual Harassment - There are two different types of actionable sex harassment under Title VII. The courts recognize quid pro quo and hostile environment sexual harassment. Quid Pro Quo sexual harassment involves a supervisor conditioning the granting of an economic or other job benefit upon the receipt of sexual favors from a subordinate, or punishes the subordinate for refusing to comply. Hostile Environment sexual harassment involves sexual harassment that does not affect economic benefits but:

• creates a hostile or abusive work environment,
• where the harassment was because of gender,
• the harassment was so severe or pervasive as to affect the terms and conditions of employment,
• the employer knew or should have known of the harassment, and
• the employer failed to take prompt and effective remedial action.

If the harasser is a supervisor, then the Employer is automatically liable for the harassment if the harassment culminates in a "tangible employment action." A tangible employment action can be anything from reassignment to a less desirable position, to failure to promote, to termination. If no "tangible employment action" is involved, the employer will be liable for the sexual harassment of a subordinate employee by a supervisor unless it can establish an affirmative defense by proving that:

(1) it exercised reasonable care to prevent harassment;

(2) it exercised reasonable care to promptly correct harassment; and

(3) the employee unreasonably failed to utilize any corrective mechanism.

2. Pregnancy Based Discrimination - Under Title VII, pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions.

Hiring

An employer cannot refuse to hire a woman because of her pregnancy related condition as long as she is able to perform the major functions of her job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or the prejudices of co-workers, clients or customers.

Pregnancy And Maternity Leave

An employer may not single out pregnancy related conditions for special procedures to determine an employee's ability to work. If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave or leave without pay.

Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy related condition and recovers, her employer may not require her to remain on leave until the baby's birth. An employer may not have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth.

Employers must hold open a job for a pregnancy related absence the same length of time jobs are held open for employees on sick or disability leave.

Health Insurance

Any health insurance provided by an employer must cover expenses for pregnancy related conditions on the same basis as costs for other medical conditions. Health insurance for expenses arising from abortion is not required, except where the life of the mother is endangered.

Pregnancy related expenses should be reimbursed exactly as those incurred for other medical conditions, whether payment is on a fixed basis or a percentage of reasonable and customary charge basis. The amounts payable by the insurance provider can be limited only to the same extent as costs for other conditions. No additional, increased, or larger deductible can be imposed.

If a health insurance plan excludes benefit payments for pre-existing conditions when the insured's coverage becomes effective, benefits can be denied for medical costs arising from an existing pregnancy.

Employers must provide the same level of health benefits for spouses of male employees as they do for spouses of female employees.

Fringe Benefits

Pregnancy related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy related conditions if benefits are provided for other medical conditions.

If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy related conditions.

It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting the business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.

The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees.

An employer is required to reasonably accommodate the religious belief of an employee or prospective employee, unless doing so would impose an undue hardship.

The ADEA's broad ban against age discrimination also specifically prohibits:

• statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ);
• discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs; and
• Denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

The EPA prohibits discrimination on the basis of sex in the payment of wages or benefits, where men and women perform work of similar skill, effort, and responsibility for the same employer under similar working conditions.

• Employers may not reduce wages of either sex to equalize pay between men and women.
• A violation of the EPA may occur where a different wage was/is paid to a person who worked in the same job before or after an employee of the opposite sex.

The ADA prohibits discrimination on the basis of disability in all employment practices. The ADA does not apply in the federal sector. The Rehabilitation Act is similar to the ADA and applies to federal employees. If you want to know about the Rehabilitation Act, click here. To know whom the ADA protects, it is important to understand ADA definitions set forth below:

Individual with a Disability

An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Major life activities are activities that an average person can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, and working.

Qualified Individual with a Disability

A qualified employee or applicant with a disability is someone who satisfies skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position.

Reasonable Accommodation

Reasonable accommodation may include, but is not limited to, making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters. Reasonable accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards to make an accommodation.

Undue Hardship

An employer is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the employer's business. Undue hardship means an action that requires significant difficulty or expense when considered in relation to factors such as a business' size, financial resources, and the nature and structure of its operation.

Prohibited Inquiries and Examinations

Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in the same job category. Medical examinations of employees must be job-related and consistent with business necessity.

Drug and Alcohol Use

Employees and applicants currently engaging in the illegal use of drugs are not protected by the ADA, when an employer acts on the basis of such use. Tests for illegal use of drugs are not considered medical examinations and, therefore, are not subject to the ADA's restrictions on medical examinations. Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees.

• Title VII and the ADA cover all private employers, state and local governments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training.
• The ADEA covers all private employers with 20 or more employees, state and local governments (including school districts), employment agencies and labor organizations.
• The EPA covers all employees who are covered by the Federal Wage and Hour Law (the Fair Labor Standards Act). Nearly all employees are subject to this act.

The Civil Rights Act of 1991 made major changes in the federal laws against employment discrimination. Enacted in part to reverse several Supreme Court decisions that limited the rights of persons protected by these laws, the Act also provides additional protections. The Act authorizes compensatory and punitive damages in cases of intentional discrimination, and provides for obtaining attorneys' fees and jury trials. In addition, where discrimination is found, the employer also may be required to take corrective or preventive measures to make the employee whole. These measures include:

• back pay,
• hiring,
• promotion,
• reinstatement,
• front pay (estimated future earnings),
• reasonable accommodation, or
• other actions that will make an individual "whole" (in the condition s/he would have been but for the discrimination).

Remedies also may include payment of:

• attorneys' fees,
• court costs.

Under most of the federal laws prohibiting discrimination, compensatory and punitive damages also may be available where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. Punitive damages also may be available if an employer acted with malice or reckless indifference. Punitive damages are not available against federal, state, or local governments.

In cases concerning reasonable accommodation under the ADA, compensatory or punitive damages may not be awarded to the charging party if an employer can demonstrate that "good faith" efforts were made to provide reasonable accommodation.

If you feel that you have been subject to unlawful discrimination you should contact an attorney to assist you in the complicated claim process. If you work for a private employer, a charge may be filed by mail or in person at the nearest EEOC office. Individuals may consult their local telephone directory (U.S. Government listing) or call 1-800-669-4000 (voice) or 1-800-669-6820 (TTY) to contact the nearest EEOC office for more information on specific procedures for filing a charge. We recommend that you seek the advice of counsel prior to filing a charge. You may contact us directly for a free consultation at:

Or fill out our questionnaire on-line

All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:

• A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.
• This 180-day filing deadline may be extended up to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.
• These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.
• To protect legal rights, it is always best to contact an attorney promptly when discrimination is suspected.

A charging party may file a lawsuit within 90 days after receiving a notice of a "right to sue" from EEOC. Under Title VII and the ADA, a charging party also can request a notice of "right to sue" from EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice. Under the ADEA, a suit may be filed at any time 60 days after filing a charge with EEOC, but not later than 90 days after EEOC gives notice that it has completed action on the charge.

• Federal Laws Prohibiting Discrimination
• Prohibition Against Reprisal and Retaliation
• Pursuing a Claim
• Remedies

As a federal employee, you are entitled to work in an environment free from discrimination. The same laws that apply in the private sector apply, for the most part, in the federal sector. Part 1614 of the federal sector equal employment opportunity complaint processing regulations sets forth the process that federal employees must follow to pursue a discrimination claim against the government.

Title VII of the Civil Rights Act (Title VII): prohibits discrimination in employment based on race, color, religion, sex or national origin. Click here to learn more about Title VII.

Section 501 of the Rehabilitation Act of 1973: prohibits discrimination against federal employees and applicants for employment based on disability. Federal agencies are required to make reasonable accommodations to the known physical and mental limitations of qualified employees or applicants with disabilities. Section 501 also requires affirmative action for hiring, placement and promotion of qualified individuals with disabilities. To learn more about the definition of disability and reasonable accommodation, click here.

The Equal Pay Act: prohibits employers from discriminating on the basis of sex in the payment of wages where substantially equal work is performed under similar working conditions.

If you are covered by a collective bargaining agreement, you can pursue a claim of discrimination through the grievance procedure as long as such matters are not specifically excluded from the grievance process and as long as you meet the contract's time requirements for grievance filing. Alternatively, you can pursue a claim through the EEO process.

The first step for an employee or applicant who feels he or she has been discriminated against by a federal agency must contact an equal employment opportunity counselor at the agency where the alleged discrimination took place within 45 days of the discriminatory action. Ordinarily, counseling must be completed within 30 days. The aggrieved individual may then file a complaint with that agency.

The agency must acknowledge or reject the complaint and if it does not dismiss it, the agency must, within 180 days, conduct a complete and fair investigation.

If the complaint is one that does not contain issues that are appealable to the Merit Systems Protection Board (MSPB), at the conclusion of the investigation, the complainant may request either a hearing by an Equal Employment Opportunity Commission (EEOC) administrative judge (AJ) or an immediate final decision by the employing agency.

The AJ must process the request for a hearing, issue findings of fact and conclusions of law, and order an appropriate remedy within 180 days.

After the final decision of the agency, the complainant may appeal to the Equal Employment Opportunity Commission within 30 days or may file in U.S. District Court within 90 days. Of course, you should contact an attorney to assist you in the complaint filing process. You may contact us directly for a free consultation at:

Or fill out our questionnaire on-line

Successful litigants have a number of remedies available to them. These remedies may include:

• compensatory damages
• back pay (with interest where applicable), lost benefits;
• posting a notice to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation;
• corrective or preventive actions taken to cure or correct the source of the identified discrimination;
• nondiscriminatory placement in the position the victim would have occupied if the discrimination had not occurred;
• stopping the specific discriminatory practices involved; and

• recovery of reasonable attorney's fees and costs.