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In daily life, people are grouped in countless ways. The government and businesses use these “classifications” for everything from organizing services to making hiring decisions.
Some classifications carry special legal weight because they’re considered “protected.” This guide explains the difference between protected classes and general classifications, and why it matters to your rights.
Understanding this legal landscape empowers you to recognize when treatment might be unfair or illegal, know your rights under various anti-discrimination laws, and see how the government works to ensure fairness. The designation of certain traits for protection acknowledges that, historically, people have faced unfair treatment based on these characteristics.
What Are Protected Classes?
A protected class is a group of people who share a common characteristic and are legally shielded from discrimination based on that characteristic. These protections come from federal laws, often reinforced by state and local laws. The U.S. Equal Employment Opportunity Commission (EEOC) enforces many of these protections, especially in workplaces.
Key Federal Anti-Discrimination Laws
Several major federal statutes form the foundation of anti-discrimination protections:
Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination based on race, color, religion, sex, and national origin. It applies to most employers with 15+ employees, labor unions, and employment agencies. It covers hiring, firing, pay, promotions, job assignments, training, and protection from harassment.
Age Discrimination in Employment Act of 1967 (ADEA): Protects individuals 40 years or older from employment discrimination based on age. Generally applies to employers with 20+ employees.
Americans with Disabilities Act of 1990 (ADA): Provides comprehensive civil rights protections to individuals with disabilities. It prohibits discrimination in employment (Title I), state and local government services (Title II), public accommodations and commercial facilities (Title III), and telecommunications (Title IV). A crucial component is the requirement for reasonable accommodations.
Genetic Information Nondiscrimination Act of 2008 (GINA): Prohibits discrimination based on genetic information in health insurance (Title I) and employment (Title II). This ensures that employment decisions are based on current ability to do the job, not genetic predispositions.
Pregnancy Discrimination Act (PDA) & Pregnant Workers Fairness Act (PWFA): The PDA (1978) made it illegal to discriminate against women because of pregnancy, childbirth, or related medical conditions. The PWFA (2022) requires covered employers to provide reasonable accommodations for pregnancy-related limitations.
Fair Housing Act (FHA): Prohibits discrimination in housing sales, rentals, financing, and other housing-related transactions based on race, color, national origin, religion, sex, familial status, and disability.
Uniformed Services Employment and Reemployment Rights Act (USERRA) & Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA): USERRA prohibits employment discrimination based on military service. VEVRAA requires federal contractors to take affirmative action to employ veterans and prohibits discrimination against them.
Federally Recognized Protected Classes
Race & Color: Race refers to physical characteristics associated with ancestry. Color refers specifically to skin pigmentation or tone. Discrimination can occur based on traits traditionally associated with race or because of association with someone of a particular race or color. Federal law protects all races from discrimination.
Religion: Protection covers traditional organized religions and sincerely held religious, ethical, or moral beliefs, even atheism. Religious practices can include dietary restrictions, observance of holy days, and religious attire or grooming. Employers must provide reasonable accommodations for religious practices unless doing so would cause undue hardship.
National Origin: Refers to country of origin, ancestry, ethnicity, or accent. It includes discrimination based on perception that someone is from a particular country or ethnic group, even if they’re not.
Sex (including Pregnancy, Sexual Orientation, and Gender Identity): Title VII’s prohibition of sex discrimination has been interpreted to include discrimination based on sexual orientation and gender identity. The Pregnancy Discrimination Act explicitly includes pregnancy, childbirth, or related medical conditions. The Fair Housing Act’s protection against sex discrimination also covers gender identity and sexual orientation.
Age (40 and Over in Employment): The ADEA specifically protects individuals 40+ from employment discrimination. It doesn’t prevent favoring an older worker over a younger one, even if both are 40+.
Disability: Under the ADA, a disability is defined as: (1) a physical or mental impairment that substantially limits major life activities; (2) a record of such impairment; or (3) being regarded as having such an impairment. The definition is broad and covers many conditions, including visual, speech, and hearing impairments; mental and emotional illnesses; learning disabilities; chronic diseases; and orthopedic conditions.
Genetic Information: Includes information about an individual’s genetic tests, family members’ genetic tests, and information about disease manifestation in family members (family medical history).
Veteran Status / Military Status: “Protected veteran” status under VEVRAA includes disabled veterans, recently separated veterans, active duty wartime or campaign badge veterans, and Armed Forces service medal veterans. USERRA provides broader protections based on past, current, or future military service obligations.
Understanding General Classifications
Beyond legally protected classes, society and government use many “general classifications” for organizational, administrative, or operational reasons. Unlike protected classes, these aren’t inherently shielded from being used as a basis for decisions, provided they don’t unlawfully discriminate against someone based on protected status.
In Employment:
Exempt vs. Non-Exempt Status: Rooted in the Fair Labor Standards Act, this classification relates to overtime pay eligibility based on salary level, salary basis, and job duties.
Employment Type: Full-time, part-time, temporary, seasonal, contract employee, independent contractor, or volunteer.
Job-Related Qualifications: Job title, department, skill level, years of experience, educational attainment, and performance metrics. The federal government uses a detailed General Schedule (GS) grades system tied to education and experience requirements.
In Government Programs and Services:
Income Brackets: Used for determining eligibility for social services, tax rates, or financial assistance programs.
Residency Status: Requirements for accessing local government services, voting in local elections, or qualifying for in-state tuition.
Age Categories: Used for programs targeting specific age groups, such as youth services, senior citizen discounts, or Social Security eligibility.
These general classifications are usually permissible and often necessary. They allow organizations to hire qualified individuals, manage payroll and benefits, allocate resources effectively, and tailor services to specific population needs. Requiring a law degree for an attorney position or a commercial driver’s license for a truck driving job are legitimate, non-discriminatory classifications based on job requirements.
However, the legitimacy of a general classification depends on its non-discriminatory application and impact on protected classes. Employers often justify using general classifications based on “business necessity” or claiming a qualification is a “bona fide occupational qualification” (BFOQ) – a characteristic essential for that particular business or role. The law sets a high bar if these classifications negatively affect protected groups, and there must generally be no less discriminatory alternative available.
The Crucial Distinction
The fundamental difference between a “protected class” and a “general classification” lies in the specific legal safeguards afforded to protected classes. These groups have historically faced systemic discrimination, prejudice, and societal barriers limiting their opportunities in essential areas like employment, housing, education, and public services. Anti-discrimination laws aim to counteract these disadvantages, level the playing field, and ensure individuals are judged on their merits rather than stereotypes.
General classifications, while necessary for organization and function, don’t inherently carry this history of systemic disadvantage requiring specific legal safeguards. They’re typically based on legitimate, non-discriminatory factors like job skills, experience, or financial need. However, a general classification can become unlawfully discriminatory if used as a tool or cover for discrimination against a protected class.
When General Classifications Can Become Unlawfully Discriminatory
Two key legal concepts illustrate how seemingly neutral general classifications can lead to unlawful discrimination:
Disparate Impact (also known as Adverse Impact):
Disparate impact occurs when an employment policy or practice is neutral on its face but has a disproportionately negative effect on members of a protected class, even without intention to discriminate.
For example, a fire department requires all applicants to pass a physical strength test involving lifting a heavy weight. While applied to all applicants, it might result in a much higher failure rate for female applicants than male applicants. If the specific weight requirement isn’t proven essential for performing the job safely and effectively, and if alternative, less discriminatory tests could assess the necessary abilities, the policy could have an unlawful disparate impact.
The landmark Supreme Court case Griggs v. Duke Power Co. (1971) established this principle, finding that requirements for a high school diploma and passing certain aptitude tests had a disparate impact on Black employees and weren’t sufficiently job-related.
If a policy is shown to have a disparate impact, the burden of proof shifts to the employer to demonstrate that the policy is job-related and consistent with business necessity. Even if this is shown, the policy may still be unlawful if there’s a less discriminatory alternative available that the employer refuses to adopt.
Pretext for Discrimination:
Pretext occurs when an employer offers a seemingly legitimate, non-discriminatory reason for an adverse action (such as firing or not hiring), but this stated reason is actually a cover-up for the real, unlawful discriminatory motive based on a protected characteristic. The proffered reason often involves a general classification, such as “poor performance,” “not a good fit,” or “company restructuring.”
For example, a 55-year-old employee with a consistent record of positive performance reviews is suddenly terminated for “unsatisfactory performance” shortly after a younger manager takes over. If evidence shows that younger employees with similar or worse performance records weren’t disciplined, or if the employer made age-related negative comments, the “unsatisfactory performance” claim could be a pretext for age discrimination.
Demonstrating pretext can be challenging. It often involves showing that the employer’s stated reason is false, not credible, wasn’t applied consistently to others outside the protected class, or that other evidence (such as discriminatory comments or a pattern of similar actions) points to a discriminatory motive.
In discrimination cases, particularly those involving disparate impact or pretext, the legal process often involves a shifting burden of proof. Typically, the individual alleging discrimination must first present enough evidence to suggest that discrimination likely occurred (a “prima facie” case). If established, the burden may shift to the employer to articulate a legitimate, non-discriminatory reason for its actions. If the employer does so, the burden can shift back to the individual to prove that the employer’s stated reason was merely a pretext for discrimination.
The distinction between disparate treatment (which generally requires showing discriminatory intent, often proven by demonstrating pretext) and disparate impact (which focuses on discriminatory effects regardless of intent) represents a significant evolution in anti-discrimination law. It recognizes that discrimination can be subtle and systemic, not just overt and intentional.
Where Protections Apply
Anti-discrimination laws based on protected classes aren’t all-encompassing; their protections apply within specific contexts defined by each law. Understanding where and under what circumstances these protections are active is crucial.
Employment
This is a primary arena for anti-discrimination protections.
Covered Actions: Federal laws prohibit discrimination in virtually all aspects of employment, including recruitment, hiring, firing, pay and benefits, job assignments, promotions, layoffs, training, testing, and protection from harassment.
Key Laws: Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA – Title I), Genetic Information Nondiscrimination Act (GINA), Pregnancy Discrimination Act (PDA), Pregnant Workers Fairness Act (PWFA), Uniformed Services Employment and Reemployment Rights Act (USERRA), and Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA).
Primary Enforcing Agency: U.S. Equal Employment Opportunity Commission (EEOC). The Department of Labor (DOL) also plays a role, particularly with VEVRAA and USERRA.
Housing
Ensuring equal access to housing is another critical area.
Covered Actions: Discrimination is prohibited in the sale, rental, and financing of dwellings, as well as in advertising, homeowners insurance, and other housing-related activities. This includes refusing to rent or sell, setting different terms or conditions, falsely denying availability, and discriminatory advertising.
Key Law: Fair Housing Act (FHA).
Protected Classes under FHA: Race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status (presence of children under 18), and disability.
Primary Enforcing Agencies: U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Justice (DOJ).
Public Accommodations
This refers to places and services open to the public.
Covered Actions: Individuals have the right to full and equal enjoyment of goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation. This includes privately-owned establishments such as restaurants, hotels, retail stores, movie theaters, private schools, doctors’ offices, gyms, and transportation services.
Key Laws: Title III of the Americans with Disabilities Act (ADA) prohibits discrimination based on disability in public accommodations. Title II of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, or national origin in certain public accommodations.
Primary Enforcing Agency: U.S. Department of Justice (DOJ) for ADA Title III.
Education
Equal opportunity in education is protected by several federal laws.
Covered Actions: Protections apply to admissions, financial aid, academic programs, student treatment, athletics, and employment within educational institutions.
Key Laws:
- Title VI of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, or national origin in programs receiving federal financial assistance, including most schools and universities.
- Title IX of the Education Amendments of 1972: Prohibits discrimination based on sex in federally funded education programs or activities.
- Section 504 of the Rehabilitation Act of 1973: Prohibits discrimination based on disability in federally funded programs or activities.
- Americans with Disabilities Act (ADA): Title II applies to public educational institutions, and Title III applies to private educational institutions considered public accommodations.
Primary Enforcing Agencies: U.S. Department of Education’s Office for Civil Rights (OCR) and the U.S. Department of Justice (DOJ).
Federally Funded Programs and Activities
A broad protection exists for any program or activity receiving federal financial assistance.
Covered Actions: Discrimination is prohibited in the provision of services, benefits, or participation in these programs.
Key Laws: Title VI of the Civil Rights Act of 1964 (race, color, national origin). The Civil Rights Restoration Act of 1988 clarified that if any part of an institution receives federal funds, the entire institution is covered. Section 504 of the Rehabilitation Act of 1973 (disability). The Age Discrimination Act of 1975 (prohibits age discrimination in programs receiving federal assistance; applies to all ages, unlike the ADEA which is specific to employment and those 40+).
Primary Enforcing Agencies: Each federal agency that provides financial assistance is responsible for ensuring non-discrimination in its programs. The DOJ has a coordinating role.
Credit Transactions
Access to credit is protected from discrimination.
Covered Actions: Applying for and receiving credit, including loans, mortgages, and credit cards.
Key Law: Equal Credit Opportunity Act (ECOA). This act prohibits discrimination based on race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to contract), or because income derives from any public assistance program.
Primary Enforcing Agencies: Consumer Financial Protection Bureau (CFPB), U.S. Department of Justice (DOJ), and other federal financial regulatory agencies.
Federal Protected Classes and Areas of Protection
| Protected Class | Employment | Housing | Public Accommodations | Education (Federally Funded) | Federally Funded Programs | Credit |
|---|---|---|---|---|---|---|
| Race | ✓ (Title VII) | ✓ (FHA) | ✓ (CRA Title II) | ✓ (Title VI) | ✓ (Title VI) | ✓ (ECOA) |
| Color | ✓ (Title VII) | ✓ (FHA) | ✓ (CRA Title II) | ✓ (Title VI) | ✓ (Title VI) | ✓ (ECOA) |
| Religion | ✓ (Title VII) | ✓ (FHA) | ✓ (CRA Title II) | ✓ (Title VI) | ✓ (Title VI) | ✓ (ECOA) |
| National Origin | ✓ (Title VII) | ✓ (FHA) | ✓ (CRA Title II) | ✓ (Title VI) | ✓ (Title VI) | ✓ (ECOA) |
| Sex (incl. Pregnancy, Sexual Orientation, Gender Identity) | ✓ (Title VII, PDA, PWFA, EPA) | ✓ (FHA) | ✓ (Title IX) | ✓ (Title IX) | ✓ (ECOA) | |
| Age | ✓ (ADEA: 40+) | ✓ (Age Discrim. Act: All ages) | ✓ (ECOA) | |||
| Disability | ✓ (ADA Title I) | ✓ (FHA) | ✓ (ADA Title III) | ✓ (ADA II/III, Sec 504) | ✓ (Sec 504) | |
| Genetic Information | ✓ (GINA Title II) | |||||
| Familial Status | ✓ (FHA) | |||||
| Veteran/Military Status | ✓ (USERRA, VEVRAA) | |||||
| Marital Status | ✓ (ECOA) | |||||
| Receipt of Public Assistance Income | ✓ (ECOA) |
Note: This table is a simplified summary. Specific coverage details and exceptions may apply. “CRA Title II” refers to Title II of the Civil Rights Act of 1964.
Beyond the Federal Floor: State and Local Protections
While federal anti-discrimination laws establish a crucial baseline of rights applicable nationwide, they’re not the ceiling. State governments, cities, and counties can enact laws that provide greater or more expansive protections than federal laws. These state and local laws can cover additional categories of people or apply to smaller employers not covered by federal statutes. However, they cannot diminish rights guaranteed by federal law.
This means that civil rights can vary significantly depending on where you live or work. These jurisdictions often act as “laboratories of democracy,” responding to specific local needs or evolving societal norms more quickly than the federal government. For example, many states and cities provided explicit protections based on sexual orientation and gender identity long before federal interpretations of “sex” discrimination under Title VII became more established.
Common Examples of Expanded Protected Classes
Marital Status: Many states and localities prohibit discrimination based on whether a person is single, married, divorced, widowed, or in a domestic partnership. This protection is common in employment and housing contexts.
Sexual Orientation & Gender Identity/Expression: While federal law (Title VII) is now interpreted to cover sexual orientation and gender identity under “sex” discrimination, numerous states and cities have their own explicit laws protecting LGBTQ+ individuals.
Source of Income: Particularly relevant in housing, this protection prevents discrimination against individuals based on how they lawfully obtain their funds. This is crucial for protecting tenants who use housing choice vouchers (Section 8), emergency rental assistance, disability benefits, alimony, or other forms of public assistance.
Political Affiliation: Some jurisdictions protect individuals from discrimination based on their political party membership or beliefs.
Familial Status (Expanded Definitions or Contexts): While the federal Fair Housing Act protects against familial status discrimination (presence of children), some state or local laws might expand this protection to employment or public accommodations, or offer different definitions.
Personal Appearance: A few localities protect against discrimination based on outward appearance, which can include aspects like hairstyle (including natural hairstyles, often part of CROWN Act initiatives), body size or shape, tattoos, or body piercings, though usually subject to legitimate business requirements.
Homeless Status: Some cities offer protections against discrimination based on an individual’s lack of a permanent address, particularly in areas like access to public services or employment.
Credit Information (in Employment): Certain jurisdictions limit the extent to which employers can use an applicant’s or employee’s credit history in making employment decisions.
Matriculation (Student Status): Protection for individuals based on their status as a student enrolled in an educational institution.
Ancestry/Ethnicity: Often explicitly listed in state or local laws, reinforcing or clarifying protections related to federal “national origin” or “race”.
Status as a Victim of Domestic Violence, Sexual Offense, or Stalking: Some laws provide protections in employment or housing for individuals who are victims of such crimes, for example, by allowing leave from work or preventing eviction.
Citizenship Status: While federal law addresses some aspects of citizenship discrimination (primarily through the Immigration and Nationality Act), some state or local laws may offer additional protections, particularly against discrimination based on perceived immigration status in areas like housing or public accommodations.
Examples of State/Local Expansion of Protected Classes
| State/City | Additional Protected Class(es) Examples | Primary Area(s) of Protection |
|---|---|---|
| California (State) | Marital status, sexual orientation, gender identity, gender expression, medical condition (cancer/genetic characteristics), military/veteran status, ancestry | Employment |
| Washington D.C. | Age (18+), credit information, family responsibilities, familial status, gender identity/expression, homeless status, marital status, matriculation, personal appearance, place of residence, political affiliation, source of income, victim of domestic violence | Employment, Housing, Public Accommodations, Educational Institutions |
| New York City, NY | Citizenship/immigration status (actual or perceived), lawful source of income, age (all ages, not just 40+) | Housing |
| Charlotte, NC | Familial status, sexual orientation, gender identity, gender expression, veteran status, pregnancy (explicitly listed), natural hairstyle | Public Accommodations, Employment |
| Alaska (State) | Marital status, changes in marital status, parenthood | Employment |
| Washington (State) | Marital status, sexual orientation/gender identity, honorably discharged veteran/military status, use of a trained dog guide/service animal | Employment, Housing, Public Accommodations, Credit, Insurance |
| Phoenix, AZ (City) | Marital status, sexual orientation, gender identity/expression | Public Accommodations, Employment |
| Connecticut (State) | Learning disability, intellectual disability, marital status, gender identity/expression, status as a veteran, status as a victim of domestic violence | Employment, Housing, Public Accommodations, Credit |
Finding Information on State/Local Protections
To find out about specific protections in your area:
- Check the website of your state’s Human Rights Commission, Fair Employment Practices Agency (FEPA), or Attorney General’s Office.
- Search for your city or county government’s website, looking for a local human rights commission or similar body.
It’s also worth noting the concept of “substantial equivalency.” The U.S. Department of Housing and Urban Development (HUD) can certify state or local fair housing laws as being “substantially equivalent” to the federal Fair Housing Act. If a local law meets this standard, the local agency can investigate housing discrimination complaints filed under that law and receive federal funding to support its enforcement efforts.
Who Enforces These Rights?
A multi-layered ecosystem of federal, state, and local government agencies, along with the judicial system, is responsible for enforcing anti-discrimination laws.
Federal Enforcement Agencies
U.S. Equal Employment Opportunity Commission (EEOC):
The EEOC is the primary federal agency responsible for enforcing laws against employment discrimination based on race, color, religion, sex, national origin, age, disability, and genetic information.
The EEOC investigates charges of discrimination filed by employees or job applicants. If the investigation finds reasonable cause to believe discrimination occurred, the agency will first attempt to reach a voluntary settlement between the parties. If that fails, the EEOC may file a lawsuit in federal court.
The EEOC also issues regulations and enforcement guidance that interpret the laws it enforces, which can significantly shape how these laws are understood and applied.
Coverage: EEOC laws generally cover most private employers with 15+ employees (20+ for age discrimination cases), state and local government employers, employment agencies, and labor unions.
U.S. Department of Justice (DOJ) – Civil Rights Division:
The Civil Rights Division has broad authority to enforce federal civil rights laws across many areas. This includes laws prohibiting discrimination in voting, education, housing, credit, public accommodations, and employment (particularly against state and local government employers), as well as protecting the rights of individuals with disabilities and those in correctional facilities or other institutions.
The Division conducts investigations, often based on complaints or patterns of discrimination, and can file lawsuits in federal court to stop discriminatory practices and obtain relief for victims. It also coordinates civil rights enforcement efforts across the federal government.
U.S. Department of Housing and Urban Development (HUD) – Office of Fair Housing and Equal Opportunity (FHEO):
FHEO is responsible for enforcing the Fair Housing Act and other federal laws that prohibit discrimination in housing and in HUD-funded programs.
FHEO investigates complaints of housing discrimination. If it finds reasonable cause to believe discrimination occurred, it will issue a charge of discrimination. The case can then be heard by a HUD administrative law judge or, if either party elects, in federal court where the DOJ will litigate the case.
U.S. Department of Labor (DOL):
Office of Federal Contract Compliance Programs (OFCCP): The OFCCP enforces the anti-discrimination and affirmative action obligations of employers who do business with the federal government (federal contractors and subcontractors).
Veterans’ Employment and Training Service (VETS): VETS investigates complaints filed under the Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects the employment rights of service members and veterans.
Other Federal Agencies: Many other federal agencies, such as the Department of Education (Office for Civil Rights), Department of Health and Human Services (Office for Civil Rights), and Department of Transportation, have their own civil rights offices responsible for ensuring non-discrimination in programs and activities that receive federal financial assistance from their respective agencies.
State and Local Enforcement Agencies
Most states, and many larger cities and counties, have their own human rights commissions or fair employment and housing agencies that enforce state and local anti-discrimination laws. These laws often provide broader protections than federal law, such as covering more protected classes or applying to smaller employers not covered by federal statutes.
Many state and local agencies have “work-sharing agreements” with the EEOC and HUD. This means that a complaint filed with one agency can be “cross-filed” with the other, streamlining the process for complainants.
The Role of Courts
Federal and state courts play a critical role in interpreting and applying anti-discrimination laws. Individuals may file private lawsuits in court after exhausting administrative remedies (like filing with the EEOC and receiving a “Notice of Right to Sue”). Enforcement agencies like the EEOC and DOJ also bring cases to court.
Landmark court decisions, such as the Supreme Court’s rulings in Griggs v. Duke Power Co. (establishing disparate impact) and Bostock v. Clayton County (confirming Title VII protection for LGBTQ+ individuals), can significantly shape the understanding and scope of these laws.
When Rights Are Violated
When an individual’s rights under anti-discrimination laws are violated, various legal consequences can follow for the discriminating party, and remedies are available to the victim.
Potential Remedies and Penalties
For Employment Discrimination: If an employer is found to have discriminated, remedies can include:
- Job-Related Relief: Being hired, reinstated, or receiving a promotion that was unlawfully denied.
- Back Pay: Compensation for lost wages and benefits from the time of the discriminatory act up to the resolution of the case.
- Front Pay: Compensation for future lost earnings if reinstatement isn’t viable.
- Compensatory Damages: Payment for out-of-pocket expenses caused by the discrimination and for emotional harm suffered.
- Punitive Damages: Awarded in cases of intentional discrimination to punish the employer for malicious or reckless conduct. There are statutory caps based on employer size.
- Attorneys’ Fees and Court Costs: The prevailing party (usually the employee if they win) may be awarded reasonable attorneys’ fees and court costs.
- Non-Monetary Relief: Court orders requiring the employer to change discriminatory policies or practices, provide reasonable accommodations, conduct anti-discrimination training, and post notices informing employees of their rights.
For Housing Discrimination: Remedies can include:
- Access to the housing accommodation that was previously denied.
- Actual Damages: Compensation for financial losses, emotional distress, inconvenience, and other harms suffered.
- Punitive Damages: May be awarded to punish the housing provider for intentional or reckless discrimination.
- Attorneys’ Fees and Costs.
- Injunctive Relief: Court orders requiring the housing provider to stop discriminatory practices and take corrective actions.
- Civil Penalties: Fines payable to the government.
For USERRA and VEVRAA Violations: Remedies can include:
- Lost wages and benefits.
- Reemployment or restoration to the proper position, seniority, and benefits.
- Liquidated Damages: For willful violations of USERRA, an amount equal to the lost wages and benefits may be awarded.
- Injunctive relief to compel compliance with the law.
How to Report Discrimination
Identify the Correct Agency: The appropriate agency depends on the type of discrimination and the context:
- Most employment discrimination complaints go to the EEOC or a state/local Fair Employment Practices Agency (FEPA).
- Housing discrimination complaints typically go to HUD or a state/local fair housing agency.
Be Aware of Time Limits: There are strict deadlines for filing discrimination complaints:
- For the EEOC, generally 180 calendar days from the discrimination (extended to 300 days if a state/local agency enforces a similar law).
- Federal employees typically must contact an EEO counselor at their agency within 45 days.
- Housing discrimination complaints with HUD must generally be filed within one year.
EEOC Complaint Process:
- A charge can be filed by mail, in person at an EEOC field office, online, or by phone in many cases.
- You’ll need to provide your name and contact information, the employer’s information, a description of the discriminatory events, and the basis of the alleged discrimination.
- The EEOC will notify the employer and may investigate, which can include requesting documents and interviewing witnesses. The EEOC may offer mediation.
- If the EEOC finds reasonable cause to believe discrimination occurred and cannot reach a settlement, it may file a lawsuit. Alternatively, it will issue a “Notice of Right to Sue,” allowing you to file your own lawsuit.
HUD Complaint Process:
- Complaints can be filed online through HUD’s website, by phone, or by mail to the appropriate FHEO regional office.
- You need to provide your name and address, the name and address of whom the complaint is against, the address of the housing involved, a description of the alleged discriminatory event(s), and the date(s).
- HUD (or an equivalent state/local agency) will investigate. If reasonable cause is found, HUD will issue a charge of discrimination. The case can then be resolved through an administrative hearing or in federal court.
State/Local Agencies: These agencies have their own complaint filing procedures, which are often similar to those of the EEOC or HUD. Many have work-sharing agreements that allow for cross-filing.
Documentation is Crucial: Keep detailed records of dates, times, locations, names of people involved, what was said or done, witnesses, and copies of relevant documents (emails, performance reviews, rental applications, etc.).
Why This Knowledge Matters
Understanding the core distinctions between “protected classes” and “general classifications” is a powerful tool for every individual in the United States.
Protected classes receive special legal safeguards because of historical and ongoing societal vulnerabilities tied to characteristics like race, sex, religion, disability, or age. These laws aim to ensure that decisions in critical areas are based on merit, not prejudice. General classifications are everyday categories used for legitimate organizational or administrative purposes. While lawful in themselves, they become unlawful if used to discriminate against someone because of their protected status, either intentionally (as a pretext) or unintentionally (through disparate impact).
This knowledge helps you:
- Recognize when your rights, or the rights of others, may have been violated at work, in housing, accessing public services, or in educational settings.
- Navigate government and society with a more informed perspective on the actions of government agencies and private entities.
- Promote fairness by advocating for fair policies and practices in workplaces and communities, and questioning rules that seem neutral but may disproportionately harm certain groups.
- Access help from dedicated government agencies if a violation occurs, including the EEOC, HUD, and the DOJ Civil Rights Division.
The landscape of civil rights and protections evolves through new legislation, court decisions, and agency interpretations. Staying informed about these developments is part of being an engaged citizen.
Knowledge about protected classes and anti-discrimination laws is a prerequisite for individual agency. Without this understanding, it’s difficult to recognize unfair treatment or to take steps to address it. The government plays a dual role: it uses general classifications for its operations, but it’s also the primary enforcer of laws that prohibit the discriminatory use of any classification. This balance is essential for a fair society, and an informed public is key to ensuring that balance is maintained.
Our articles make government information more accessible. Please consult a qualified professional for financial, legal, or health advice specific to your circumstances.