Protections Against Discrimination and Other Prohibited Practices (2024)

Equal Employment Opportunity Commission

The laws enforced by EEOC makes it unlawful for Federal agencies to discriminate against employees and job applicants on the bases of race, color, religion, sex, national origin, disability, or age. A person who files a complaint or participates in an investigation of an EEO complaint, or who opposes an employment practice made illegal under any of the laws that EEOC enforces is protected from retaliation.

Title VII of the Civil Rights Act of 1964.Title VII of the Civil Rights Act, as amended, protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin. Title VII protection covers the full spectrum of employment decisions, including recruitment, selections, terminations, and other decisions concerning terms and conditions of employment.SeeEEOC guidance onrace/color,religion,sex,sexual harassment,pregnancy, andnational origindiscrimination.

Equal Pay Act of 1963.The Equal Pay Act of 1963 protects men and women from sex-based wage discrimination in the payment of wages or benefits, who perform substantially equal work in the same establishment.SeeEEOC guidance onequal pay and compensation discrimination.

Age Discrimination in Employment Act of 1967.The Age Discrimination in Employment Act (ADEA), as amended, protects persons 40 years of age or older from age-based employment discrimination. The Older Workers Benefit Protection Act amends several sections of the ADEA and establishes conditions for a waiver of ADEA protections.SeeEEOC guidance onage discrimination.

Rehabilitation Act of 1973.Sections 501 and 505 of the Rehabilitation Act, as amended, protects employees and job applicants from employment discrimination based on disability. This law covers qualified employees and job applicants with disabilities. It also requires Federal agencies to make reasonable accommodation of any known disabilities unless such accommodation would cause an undue hardship.SeeEEOC guidance ondisabilitydiscrimination.

The Civil Rights Act of 1991.The Civil Rights Act of 1991 amends several sections of Title VII to strengthen and improve Federal civil rights laws and provide for the recovery of compensatory damages in Federal sector cases of intentional employment discrimination.

Additional informationabout unlawful discriminatory and retaliatory practices and the remedies is available to Federal employees and applicants who believe they have been subjected to such practices.

Office of Special Counsel and the Merit Systems Protection Board

Other laws enforced by both the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB) protect Federal employees from certainprohibited personnel practices. According to Section 2302(b) of Title 5 of the United States Code, any employee who has authority to take, direct others to take, recommend or approve personnel actions may not:

  • Discriminate on the basis of race, color, religion, sex, national origin, age, disability, marital status, or political affiliation.
  • Solicit or consider employment recommendations based on factors other than personal knowledge or records of job related abilities or characteristics.
  • Coerce an employee’s political activity or take action against any employee as reprisal for refusing to engage in political activity.
  • Deceive or willfully obstruct a person’s right to compete for employment.
  • Influence any person to withdraw from competition for a position to improve or injure the employment prospects of any other person.
  • Give unauthorized preference or advantage to any person to improve or injure the employment prospects of any particular employee or applicant.
  • Engage in nepotism.
  • Retaliate against an employee or an applicant because of an individual's legal disclosure of information evidencing wrongdoing ("whistleblowing").
  • Retaliate against an employee or applicant for exercising an appeal, complaint or grievance right; testifying or assisting another in exercising such a right, cooperating with an Inspector General or the Special Counsel, or refusing to obey an order that would break a law.
  • Discriminate against an employee based on conduct which is not adverse to on-the-job performance of the employee, applicant, or others. The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on "conduct" to include discrimination based on sexual orientation. SeeAddressing Sexual Orientation Discrimination in Federal Civilian Employment.
  • Violate veterans’ preference requirements.
  • Violate any law, rule, or regulation which implements or directly concerns the merit principles.

For additional information about Federal employee and applicant protection regarding prohibited personnel practices, you may call the FTC Office of Inspector General (202) 326-2800, theOffice of Special Counsel(202) 653-7188 or visit itswebsite, or you may call theMerit Systems Protection Board(202) 653-6772 or visit itswebsite. You may also contact the FTC's Office of Human Resources Management at (202) 326-2021.

Protections Against Discrimination and Other Prohibited Practices (2024)

FAQs

What protections against discrimination and other prohibited practices? ›

According to Section 2302(b) of Title 5 of the United States Code, any employee who has authority to take, direct others to take, recommend or approve personnel actions may not: Discriminate on the basis of race, color, religion, sex, national origin, age, disability, marital status, or political affiliation.

What are 4 federal laws that protect against workplace discrimination? ›

Title VII, the ADEA, GINA, and the EPA also cover the federal government. In addition, the federal government is covered by Sections 501 and 505 of the Rehabilitation Act of 1973, as amended, which incorporate the requirements of the ADA.

What are the 4 things you know about Title VII Act anti discrimination in employment law? ›

Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) ( CRA ) and the Lily Ledbetter Fair Pay Act of 2009 (Pub. L. 111-2) amend several sections of Title VII.

What are the two anti discrimination laws and how they protect workers? ›

The Equal Pay Act of 1963 (EPA): Prohibits sex-based wage discrimination between men and women who perform equal work in the same workplace. The Age Discrimination in Employment Act of 1967 (ADEA): Protects employees or future employees who are 40 or older from discrimination in the workplace.

What is an example of prohibited discrimination? ›

It is illegal for an employer to make decisions about job assignments and promotions based on an employee's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

What are 5 categories that are protected from discrimination? ›

Applicants, employees and former employees are protected from employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history).

What are employers not allowed to discriminate against? ›

What are employers not allowed to discriminate against? Race, color, religion, sex, nationality, disabilities, or age. Some states: marital status, parenthood, sexual orientation, union involvement, and political affiliation.

What are the 4 types of illegal discrimination? ›

I am aware that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), and national origin.

What counts as discrimination at work? ›

Employment discrimination generally exists where an employer treats an applicant or employee less favorably merely because of a person's race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran.

What to do when your civil rights are violated? ›

If you believe your civil rights, or someone else's, have been violated, submit a report using our online form. If you or someone else is in immediate danger, please call 911 or local police. If you are reporting misconduct by law enforcement or believe you have experienced a hate crime, please contact the FBI.

What is the federal law against discrimination? ›

Federal laws prohibit discrimination based on a person's national origin, race, color, religion, disability, sex, and familial status. Laws prohibiting national origin discrimination make it illegal to discriminate because of a person's birthplace, ancestry, culture or language.

What are the 4 elements of discrimination? ›

To establish a prima facie case of discrimination based on disparate treatment a plaintiff must show that he (1) is a member of a protected class, (2) suffered an adverse employment action, (3) met his employer's legitimate expectations at the time of the adverse employment action, and (4) was treated differently from ...

What makes a strong retaliation case? ›

Adverse actions can include termination, demotion, reduction in pay, or other negative consequences. In order for an employee to have a strong retaliation case, they must be able to prove that the adverse action was a direct result of their protected activity.

Can a job fire you for he say she say? ›

2000), “an employer may fire an employee for a good reason, a bad reason, a reason based on erroneous facts, or for no reason at all, as long as its action is not for a discriminatory reason.” As the language of the Abel court reflects, firing an employee based on erroneous facts derived from hearsay is not, standing ...

What are the two ways to prove discrimination? ›

Wronged employees have three ways of proving their employers intended to discriminate: circ*mstantial evidence, direct evidence, and pattern and practice. Circ*mstantial evidence is evidence that proves a fact by inference, as opposed to direct evidence which directly proves a fact.

What clause protects against discrimination? ›

The Equal Protection Clause of the Fourteenth Amendment The Fourteenth Amendment was enacted shortly after the Civil War to combat discrimination and ensure due process.

What Civil Rights Act prohibited discrimination? ›

In 1964, Congress passed Public Law 88-352 (78 Stat. 241). The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin.

What is the protection against discrimination clause? ›

The 14th Amendment provides, in part, that no state can "deny to any person within its jurisdiction the equal protection of the laws." Title IX specifically prohibits sex discrimination.

Which section of the OSHA Act prohibits discrimination? ›

In addition to § 1904.35, section 11(c) of the OSH Act also prohibits you from discriminating against an employee for reporting a work-related fatality, injury, or illness.

References

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