What Employers Need to Know…Protected Classes & Discrimination

But are other groups/classes protected? Yes, they are; if not by federal statute or policy then by state or local laws or policies.

CITIZENSHIP

The Immigration Reform & Control Act (IRCA) of 1986 addresses discrimination based on U.S. citizenship.  Under IRCA, you cannot discriminate against an applicant or employee because (s)he is not a U.S. citizen.

SEXUAL ORIENTATION

The EEOC does not specifically enforce protections that prohibit an employer from making employment decisions based on sexual orientation. However, other federal agencies do, and many states and municipalities prohibit employers from considering an applicant’s or employee’s sexual orientation.


GENETIC INFORMATION

The Americans with Disabilities Act covers current, prior, and perceived disabilities. However, the Genetic Information Non-Discrimination Act of 2008 stipulates that an employer cannot consider or even ask about a person’s genetic information when making employment decisions.  In other words, if a person may be prone to a certain illness, or even if it becomes obvious that the employee will develop a certain illness, (s)he cannot be discriminated against.

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