Discrimination: Overview

by Practical Law Labor & Employment

A Practice Note providing an overview of the federal laws prohibiting employment discrimination and the significant legal exposure US employers face from these claims. This Practice Note outlines employer obligations and potential liabilities under key statutes, including Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Rehabilitation Act (Rehab Act), the Age Discrimination in Employment Act (ADEA), the Genetic Information Nondiscrimination Act (GINA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Equal Pay Act (EPA), Section 1981 of the Civil Rights Act of 1866, and the Pregnant Workers Fairness Act (PWFA). It discusses legally protected characteristics such as race, color, sex, national origin, age, disability, veteran status, genetic information, and citizenship. The Practice Note further explains theories of liability, such as disparate treatment, disparate impact, harassment, and retaliation, while also exploring available employer defenses. It summarizes enforcement procedures through agencies like the Equal Employment Opportunity Commission (EEOC) and the remedies available to successful plaintiffs, helping employers navigate the complex legal landscape and minimize risks associated with workplace discrimination claims.