Protected Class

Definition of Protected Class

Protected class refers to specific groups of people who are shielded from discrimination and harassment under federal law. These protections are designed to ensure equal treatment and prevent prejudicial practices in areas such as employment, housing, and education. The concept of protected classes originates from civil rights laws which mandate that individuals cannot be treated unfairly based on their membership in these groups.

Examples

1. Race and Color: Individuals cannot be discriminated against based on their race or color in contexts like employment, whether during hiring, promotions, or firing practices.
2. Gender: Discrimination based on gender is prohibited, which includes protection against sexual harassment, unequal pay, and gender-based exclusion in employment.
3. Age: The Age Discrimination in Employment Act protects individuals aged 40 and older from employment discrimination based on age.
4. Religion: Laws protect individuals from being discriminated against for their religious beliefs and practices.
5. Disability: The Americans with Disabilities Act ensures that individuals with disabilities are not discriminated against in employment, public accommodations, and other areas.

Frequently Asked Questions

1. What federal laws protect against discrimination?

• Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Fair Housing Act are some of the key laws protecting against discrimination.

2. Are sexual orientation and gender identity considered protected classes?

• Yes, recent interpretations of Title VII and rulings by the Supreme Court have recognized sexual orientation and gender identity as protected classes.

3. Can employers ever make employment decisions based on protected class status?

• Employers cannot legally make employment decisions based on protected class status unless it is a bona fide occupational qualification (BFOQ), which is very rare and strictly scrutinized.

4. What should I do if I believe I have been discriminated against?

• You can file a complaint with the Equal Employment Opportunity Commission (EEOC) or seek legal advice from an attorney who specializes in discrimination law.

5. Does protection extend to perceived characteristics?

• Yes, employees are protected from discrimination based on perceived characteristics such as religion or disability, even if the perception is incorrect.

Related Terms

• Equal Opportunity: The principle that all individuals should have the same chances to compete and succeed in the workplace and other areas without bias or discrimination.
• Affirmative Action: Policies that seek to improve opportunities for historically marginalized groups by supporting increased access to education and employment.
• Harassment: Conduct that is unwelcome and based on a protected class characteristic, affecting the work environment or job performance.
• Bona Fide Occupational Qualification (BFOQ): A legal defense for discrimination where an employer must show that a particular characteristic is essential to the job.

Online References

• U.S. Equal Employment Opportunity Commission (EEOC)
• Americans with Disabilities Act (ADA)
• U.S. Department of Housing and Urban Development (HUD) - Fair Housing

Suggested Books for Further Studies

1. “Civil Rights and Employment Discrimination Law” by Margie Phelps
2. “Understanding Disability Law” by Mark C. Weber
3. “The Law of Employment Discrimination” by Joel Friedman
4. “Race, Gender, and the Law” by Anne-Marie Horan

Fundamentals of Protected Class: Business and Civil Rights Law Basics Quiz

Thank you for exploring the concept of Protected Classes and their significance in ensuring fairness and equality across various sectors. Keep learning and expanding your knowledge on civil rights and anti-discrimination laws!