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Employment Discrimination: Federal Anti-Discrimination Laws

Federal & State Law Editorial Team

Guide to federal employment discrimination laws including Title VII, ADA, ADEA, and the EEOC complaint process.

Employment Discrimination

Federal Anti-Discrimination Laws

Title VII of the Civil Rights Act of 1964

  • Prohibits discrimination based on race, color, religion, sex, and national origin
  • Applies to employers with 15+ employees
  • Covers hiring, firing, pay, promotions, harassment, and all terms of employment
  • In Bostock v. Clayton County (2020), the Supreme Court held that Title VII's prohibition on sex discrimination includes sexual orientation and gender identity

    • Americans with Disabilities Act (ADA)

  • Prohibits discrimination against qualified individuals with disabilities
  • Employers must provide reasonable accommodations unless it causes undue hardship
  • Examples: modified work schedule, assistive technology, accessible workspace, telecommuting

    • Age Discrimination in Employment Act (ADEA)

  • Protects employees and applicants age 40 and older
  • Applies to employers with 20+ employees
  • Prohibits mandatory retirement (with limited exceptions)

    • Equal Pay Act

  • Requires equal pay for equal work regardless of sex
  • "Equal work" means substantially similar skill, effort, responsibility, and working conditions

    • Types of Discrimination

  • Disparate Treatment: Intentional discrimination against an individual based on a protected characteristic
  • Disparate Impact: Facially neutral policies that disproportionately affect a protected group without business justification
  • Harassment: Unwelcome conduct based on a protected characteristic that creates a hostile work environment
  • Retaliation: Adverse action against someone for opposing discrimination or participating in a complaint

    • Filing an EEOC Charge

  • Contact the EEOC within 180 days of the discriminatory act (300 days if your state has an anti-discrimination agency)
  • File a Charge of Discrimination (online, by mail, or in person)
  • The EEOC will investigate — this can take 6-12 months
  • The EEOC may attempt mediation or issue a right-to-sue letter
  • After receiving a right-to-sue letter, you have 90 days to file a lawsuit