What Is A Protected Class?

Post A Job For Free, Promote It For A Fee

Summary. A protected class is any group of people who are protected by law from discrimination due to certain characteristics regarding that group. This includes race, religion, nationality, sex, and disability, among others.

Protected classes help keep the American economy thriving because they require businesses to uphold fair and just employment practices. This means that employment discrimination must be prohibited.

But how do employers know what constitutes employment discrimination? There are several laws and legal decisions that have helped expand the scope of this answer by determining who has a protected status in the United States.

Key Takeaways:

Protected classes include race, religion, ethnicity, sex, disability, and age.
Many protected classes have been established under federal law, such as the Title VII of the Civil Rights Act of 1964.
It is important for businesses to understand what protected classes are to help promote a diverse and inclusive workforce.

A protected class is any group of people who, by law, are defended against discrimination as a result of their identifying traits and characteristics. In the United States, this includes workplace policies or procedures.

Through a series of Federal laws and mandates, a protected class can be determined by a person’s:

Race.
Religion.
Nationality or ethnicity.
Sex (including gender and sexual orientation).
Disability
Age (for individuals over 40)
Veteran status
Citizenship status (for certain employers)
Genetic information

It’s important to note that some states and municipalities protect additional characteristics, such as marital status, broadening the scope of protected classes in their area.

As an employer, you need to be very aware of what constitutes a protected class. This is because any discrimination against a protected class can result in legal action, such as fines, penalties, additional regulations, and lawsuits.

List of Protected Classes

Under Federal law in the United States, there are several defining features that make up the types of protected classes. These features are:

Race. It is illegal to discriminate against someone due to their race. This includes physical characteristics such as skin color, facial features, and hair texture. African Americans, Asian Americans, Native Americans, Hispanics/Latinos, and Caucasians are all considered protected classes under Federal law.
Religion. Employers cannot discriminate based on an individual’s religious beliefs or practices. This is true for any specifically recognized religion, as well as for those who do not practice any religion at all, such as atheists and agnostics.
Nationality or ethnicity. You cannot discriminate against a person due to their country of birth, ancestry, or cultural background. This includes discrimination against ethnic groups and those who are perceived, regardless of whether it’s true or not, to be from a particular country or cultural group.
Sex. It is illegal to discriminate based on a person’s biological sex or gender identity. Over time this has grown to include related medical conditions, such as pregnancy and childbirth, as well as transgender or agender identities.
Disability. The Americans with Disabilities Act (ADA) prohibits employment discrimination against individuals with disabilities as long as it does not interfere with the requirements of the job. This includes both physical and mental disabilities. Employers are required to provide reasonable accommodations to employees with disabilities.
Age. Individuals over 40 are protected by the Age Discrimination in Employment Act (ADEA) from employment discrimination based on their age. As long as a person’s age does not prevent them from fulfilling the responsibilities of the job, their other qualifications must be considered.
Veteran status. Veterans or current members of the military cannot be discriminated against by employers due to their status. This means employers must consider a veteran’s time in the military as a period of employment.
Citizenship. Similar to nationality, a person’s citizenship status or immigration status cannot be protected from discrimination. Under specific circumstances, some employers may be permitted to limit employment to U.S. citizens and lawful permanent residents, but any such activities should be cleared by thorough legal review.
Genetic information. Though it may seem something out of a sci-fi story, employers are prohibited from using genetic information to make employment decisions, such as the results of a genetic test. This is due to the Genetic Information Nondiscrimination Act (GINA), which also prevents employers from requesting or requiring genetic tests.

These are the protected classes under U.S. Federal law. However, remember that states and municipalities may create additional protected classes that you must consider. Therefore, it is important to always refer to authorize legal counsel whenever making decisions related to protected classes.

Examples of Employment Discrimination

Employment discrimination refers to any unfair or unfavorable treatment of an employee or job applicant due to a characteristic that is protected under Federal or state law. This can occur during the hiring process, during employment, or when an employee is terminated.

Some examples of workplace discrimination include:

Refusing to hire a qualified candidate simply because of their race or ethnicity
Paying female and transgender workers less than male employees who perform the same or similar job responsibilities
Taking disciplinary action against an employee whose hair texture does not meet European-Caucasian norms
Forcing a person to conform to a dress code that goes against their religious practices.
Denying a promotion to a qualified employee due to their sexual orientation
Taking disciplinary action on an employee whose religion requires them to miss specific workdays

Unfortunately, employment discrimination can be more subtle, such as microaggressions or inappropriate humor that create a hostile work environment. Therefore, employers must be vigilant of all types of employment discrimination.

Legal History of Protected Classes

As an employer, it is crucial to recognize that protected classes are an ever-evolving concept in American history. New characteristics have been protected by Federal law since the nineteenth century, with the passage of the Civil Rights Act of 1866 and the ratification of the 14th and 15th Amendments in 1868 and 1870, respectively.

However, it was in the twentieth century, in response to dynamic social events, that several laws and legal decisions firmly established protected classes in the United States, especially in relation to employer behavior. They include:

Civil Rights Act of 1964. Specifically, under Title VII, this law prohibits employment discrimination on the basis of race, color, religion, national origin, and sex. As a result of the law, the Equal Employment Opportunity Commission (EEOC) was created to investigate claims of discrimination and file lawsuits when appropriate.
Age Discrimination in Employment Act (ADEA) of 1967. This law protects qualified candidates and employees who are at least 40 years old from employment discrimination, such as in hiring, promotion, termination, or compensation, due to their age.
Rehabilitation Act of 1973. This law relates to any Federal employer or employers who receive Federal funding. It makes any employment discrimination based on disability unlawful.
Americans with Disabilities Act (ADA) of 1990. This brought disability protection to the private sector. It prohibits disability discrimination as long as the candidate or employee is qualified to perform the responsibilities of the job. The law also requires employers to provide reasonable accommodation for disabled employees.
Civil Rights Act of 1991. This law amended the Civil Rights Act of 1964 to strengthen its employment provisions. This includes clarifying disparate impact actions and providing damages in cases of intentional employment discrimination.
Genetic Information Nondiscrimination Act (GINA) of 2008. This law prohibits employment discrimination due to an individual’s genetic information. It also prevents employers from requesting or requiring genetic tests from their employees and job candidates.
Obergefell v. Hodges (2015). In 2015, the Supreme Court legalized same-sex marriage, which meant employers had to recognize the rights of same-sex employees and their spouses.

As you can see, protected classes have grown in the course of U.S. history. Protected classes under Federal law, specifically protected classes under Title VII of the Civil Rights Act of 1964, have dramatically changed the American economy.

This means, as an employer, you can expect further changes in the future. More importantly, you must uphold current laws and regulations, thanks to the efforts and sacrifices of many American citizens.

What Classes Are Not Protected?

There are certain characteristics of an individual that are not protected from employment discrimination, such as:

Physical appearance. Unless it can be related to discrimination based on another protected class, such as race, ethnicity, or disability, the physical appearance of a person is not a protected class under Federal law.
Political affiliation. A person’s political party or affiliation is not a protected class under federal law. However, some states do have laws that protect individuals from discrimination based on their political beliefs or affiliations.
Criminal record. The presence of a criminal record is not considered a protected class under federal law, which is why many employers conduct criminal background checks. However, there are several states that prevent an employer from asking about criminal history under certain hiring circumstances.
Education level. Discrimination based on education is not a federally protected class, but employers should make sure their education requirements do not discriminate based on protected characteristics.
Socioeconomic status. An employer cannot be charged under federal law for discriminating based on a person’s socioeconomic status unless it can be tied to a federally protected class.

As an employer, you must always remember that states and municipalities can require additional legal protections for individuals based on certain characteristics. Additionally, any type of discrimination, even if it is not protected, is wrong when it is based on characteristics that are irrelevant to the qualifications of an employee or job candidate.

Why Protected Classes Are Important

Employers need to be aware of the importance of protected classes in the United States because they help to ensure fair treatment in the workplace. Understanding and complying with anti-discrimination laws creates a workplace that is diverse and inclusive.

When employers value and promote diversity and inclusion, it results in a workforce that is:

More engaged
More innovative
More productive
More attractive to top talent
More likely to be retained

Diverse workforces bring diverse perspectives and ideas to the table. This lead to better problem-solving and decision-making.

From a financial perspective, employers can lose a lot of money due to discriminatory behavior as a result of lawsuits, fines, additional regulations, low morale, high turnover, and low productivity.

Protected Classes FAQ

What is a protected class?

A protected class is any group of people who are protected by law from discrimination due to certain characteristics. Under federal law, these characteristics include race, sex, age, disability, nationality, ethnicity, religion, veteran status, and genetic information.

States and municipalities may also protect additional characteristics under their respective laws.
What laws protect protected classes?

There are several federal laws that protect individuals from discrimination based on protected characteristics. These include protected classes under Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act.

Additionally, legal decisions have also expanded the protections of certain groups of people, such as same-sex marriage equality from the Obergefell v. Hodges Supreme Court decision.
Why are protected classes important?

Protected classes are important because they promote fair and equal treatment in society, especially towards people who have been historically marginalized and oppressed.

In the workplace, protected classes are extremely important because they help promote diversity and inclusion, which helps improve employee engagement and morale. Protected classes also prevent employers from taking advantage of or unfairly treating individuals based on certain characteristics.
Can an employer discriminate against an individual who is not a member of a protected class?

No, while technically legal, employers should not discriminate against any employee or job candidate, even if they are not a member of a protected class.

Discrimination that is not relevant to a job candidate’s or employee’s qualifications is not only morally wrong, but it harms the company by preventing access to a more qualified, and therefore more productive, workforce.

It is also possible that any employment discrimination that is not related to qualifications can still lead to legal action, depending on the circumstances.
What should an employee or job candidate do if they feel discriminated against based on their protected status?

If they feel discriminated against based on protected characteristics, the employee or job candidate should file a complaint with the organization’s HR department and the Equal Employment Opportunity Commission (EEOC).

However, it is important that the employee or job candidate provides enough evidence that can help prove discriminatory behavior. Make sure to support your employees who feel discriminated against and provide them with any necessary resources to help resolve the issue.

References

Regulations

Author

Conor McMahon

Conor McMahon is a writer for Zippia, with previous experience in the nonprofit, customer service, and technical support industries. He has a degree in Music Industry from Northeastern University and in his free time he plays guitar with his friends. Conor enjoys creative writing between his work doing professional content creation and technical documentation.

What Is A Protected Class?