In the workplace, the concept of protected classes is fundamental to ensuring that all employees are treated fairly and equitably. By understanding what protected classes are and why they matter, both employers and employees can foster a more inclusive and legally compliant work environment. In this blog post, we’ll explore what protected classes are, the laws that safeguard them, and how organizations can ensure they’re meeting their legal obligations to protect these groups from discrimination.

What are Protected Classes?

Protected classes refer to groups of people who are legally protected from discrimination and harassment based on specific characteristics or attributes. These characteristics are identified by federal, state, or local laws, and employers are prohibited from making employment decisions—such as hiring, firing, promotions, pay, or job assignments—based on an employee’s membership in a protected class.

The purpose of recognizing protected classes is to prevent discrimination in the workplace and other settings, ensuring that individuals are judged based on their skills, experience, and qualifications rather than personal characteristics that have no bearing on their job performance.

Key Federal Protected Classes

Several federal laws define protected classes, and while the specific list may vary slightly by jurisdiction, the following characteristics are commonly protected under U.S. federal law:

  • Race and Color: Employees are protected from discrimination based on their race or skin color. This includes protection against racial stereotypes, biases, and the enforcement of workplace policies that disproportionately affect people of a particular race.
  • National Origin: National origin discrimination refers to treating employees unfavorably because of their country of origin, ethnicity, or accent. It also covers situations where an employee is discriminated against for being associated with someone of a certain national origin.
  • Sex and Gender: This includes protection from discrimination based on gender identity, gender expression, and pregnancy. Gender-based discrimination is prohibited under Title VII of the Civil Rights Act of 1964, and the Equal Pay Act ensures that employees receive equal pay for equal work regardless of gender.
  • Age: The Age Discrimination in Employment Act (ADEA) protects individuals aged 40 and older from age-based discrimination. This means that employers cannot make employment decisions based on an employee’s age, such as excluding older workers from promotions or forcing them into early retirement.
  • Religion: Employees are protected from discrimination based on their religious beliefs or practices. Employers are also required to make reasonable accommodations for employees’ religious practices, such as flexible scheduling for religious observances, as long as it does not cause undue hardship for the employer.
  • Disability: The Americans with Disabilities Act (ADA) protects employees with disabilities from discrimination and requires employers to provide reasonable accommodations to enable them to perform their jobs. Disability can include physical, mental, and cognitive impairments.
  • Pregnancy: The Pregnancy Discrimination Act protects employees from discrimination based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnancy-related conditions similarly to any other temporary disability in terms of accommodations and leave policies.
  • Veteran Status: The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides protections for veterans and active-duty service members. This includes ensuring that service members are not discriminated against in employment and that they can return to their jobs after serving in the military.
  • Genetic Information: Under the Genetic Information Nondiscrimination Act (GINA), employers are prohibited from discriminating against employees based on genetic information, including family medical history or the results of genetic tests.
  • Sexual Orientation and Gender Identity: Although not explicitly listed in Title VII of the Civil Rights Act, the U.S. Supreme Court ruled in 2020 (Bostock v. Clayton County) that discrimination based on sexual orientation or gender identity is a form of sex discrimination and is therefore prohibited under federal law.

State and Local Protections

In addition to federal protections, many states and local jurisdictions have enacted their own laws to expand the list of protected classes. For example, some states prohibit discrimination based on marital status, HIV status, or political affiliation. It’s important for employers to be aware of state and local laws that apply to their specific location, as they may offer broader protections than federal law.

Why Protected Classes Matter

Protected classes are essential in promoting workplace diversity, inclusion, and equality. Without these legal protections, employees from marginalized groups would be more vulnerable to discriminatory practices, which could result in fewer opportunities for advancement, reduced wages, and a hostile work environment. Recognizing and respecting protected classes helps ensure that all employees are treated fairly and have equal access to job opportunities, promotions, and benefits.

In addition to promoting fairness, protecting employees from discrimination is also a legal obligation. Employers who fail to comply with anti-discrimination laws can face serious consequences, including costly lawsuits, reputational damage, and penalties from regulatory agencies.

How to Ensure Compliance with Anti-Discrimination Laws

To protect employees in protected classes and ensure compliance with anti-discrimination laws, employers should take the following steps:

Develop Clear Anti-Discrimination Policies

Employers should have clear, written policies that prohibit discrimination, harassment, and retaliation based on protected characteristics. These policies should be included in employee handbooks and made easily accessible to all employees.

Conduct Regular Training

Employees, especially managers and supervisors, should receive regular training on discrimination, harassment, and inclusion. This training should cover recognizing discriminatory behaviors, reporting procedures, and the importance of fostering an inclusive workplace.

Provide Reasonable Accommodations

Employers are required to provide reasonable accommodations to employees based on disability, religion, and pregnancy, among other protected characteristics. Accommodations might include adjusted work hours, modified duties, or assistive technology.

Implement a Robust Reporting Mechanism

Employees should have multiple avenues to report discrimination or harassment. Whether through HR, an ethics hotline, or anonymous reporting tools, employees must feel safe and supported when coming forward with complaints.

Investigate Complaints Promptly and Thoroughly

When complaints of discrimination or harassment arise, employers should act swiftly to investigate and address the situation. Failure to properly handle complaints can result in legal liability and harm to company culture.

Regularly Review Hiring and Promotion Practices

Employers should regularly assess their hiring, promotion, and pay practices to ensure they are free of bias. This includes evaluating job postings, interview questions, and promotion criteria to ensure they do not disadvantage employees in protected classes.

Foster a Culture of Inclusion

Beyond compliance, employers should actively work to create an inclusive workplace where employees feel valued and respected, regardless of their background or identity. Encouraging open dialogue, celebrating diversity, and promoting equitable opportunities for all employees can help reduce discrimination and build a more cohesive, supportive work environment.

The bottom line

Protected classes are a cornerstone of anti-discrimination laws that help create fair, equitable, and inclusive workplaces. Understanding the protections afforded to these groups and actively working to prevent discrimination is essential for any organization committed to ethical business practices and legal compliance. By fostering a culture of respect and inclusion, employers not only protect their employees but also strengthen their organization’s culture and reputation.

Creating a work environment that respects protected classes is about more than just compliance; it’s about building a culture where every employee feels valued, safe, and empowered to contribute to their fullest potential. By taking these steps, organizations can ensure they are treating all employees with fairness and respect.