Throughout the years, Congress has passed several landmark laws that compel employers to take action against discriminatory behavior. These laws cannot be overturned except by federal court rulings or further Congressional action.

Applies to: All employers

Effective: Ongoing

Overview: What Are Employers Required to Do to Prevent Discrimination?

As an employer, it is crucial to understand the complex landscape of employment anti-discrimination laws that protect employees and applicants from unfair treatment in the workplace. While federal laws provide foundational protections, many states also have their own specific anti-discrimination laws that may offer additional or broader protections. This landscape is made even more complex by the competing interpretations of anti-discrimination law at the federal and state levels and changes in enforcement strategy. Failing to comply with both federal and state regulations can expose an organization to legal risks and undermine efforts to create a fair and inclusive work environment.

Below is a high-level overview of the primary federal laws that prohibit employment discrimination, along with the key protections they provide.

1. Title VII of the Civil Rights Act of 1964

Title VII is one of the most well-known and significant laws in the realm of employment discrimination. It prohibits discrimination based on several protected characteristics, including race, color, sex, national origin, and religion. In 2020, the U.S. Supreme Court held that failing or refusing to hire, discharging, or otherwise discriminating against a person because of their sexual orientation or transgender status is illegal discrimination based on sex under Title VII.

Title VII also mandates that employers provide equal opportunities in hiring, promotion, compensation, and other aspects of employment, regardless of an individual’s membership within a protected class. Importantly, Title VII includes amendments such as the Pregnancy Discrimination Act, which provides protections against discrimination based on pregnancy, childbirth, and related medical conditions. Title VII applies to employers with 15 or more employees, including federal, state, and local government employers.

2. The Americans with Disabilities Act (ADA)

The ADA, particularly Title I and Title V, prohibits discrimination against individuals with qualified disabilities. The ADA defines disability as either: (a) a physical or mental impairment that substantially limits one or more major life activities of an individual; (b) a record of this kind of impairment; or (c) being regarded as having such an impairment. The ADA also protects individuals who associate or have a relationship with individuals who have a disability. The ADA Amendments Act (ADAAA) further clarified the definition of "disability" to ensure broader protection.

Employers are required to provide reasonable accommodations to qualified employees or applicants with disabilities unless doing so would impose an undue hardship on the business. To provide an accommodation, it may be necessary for employers to engage in the interactive process. This process should identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations. These provisions apply to employers with 15 or more employees.

3. The Age Discrimination in Employment Act (ADEA)

The ADEA protects individuals aged 40 and older from discrimination based on age. This law applies to employers with 20 or more employees and covers all aspects of employment, including hiring, firing, promotions, and compensation. The ADEA ensures that older employees are treated fairly and are not subject to bias because of their age.

4. The Genetic Information Nondiscrimination Act (GINA)

GINA prohibits discrimination based on an individual's genetic information. This includes not only genetic test results but also family medical history. Employers are restricted from using genetic information in decisions related to hiring, firing, or promotions, and they must maintain confidentiality of such information. GINA generally follows Title VII for coverage of employers.

5. The Uniformed Services Employment and Reemployment Rights Act (USERRA)

USERRA protects individuals from discrimination based on their military service. This law ensures that employees are not disadvantaged in their civilian careers because of their past, present, or future military service. Under USERRA, employers must reinstate employees returning from military service to their previous positions or equivalent roles, and cannot discriminate against them due to their military status. USERRA applies to all employers.

6. The Equal Pay Act (EPA)

The Equal Pay Act addresses sex-based wage discrimination, ensuring that men and women receive equal pay for performing substantially equal work in the same establishment. Employers must ensure that there are no wage disparities based on gender for similar job roles, promoting fairness and pay equity in the workplace. The EPA essentially applies to those employers covered by the Fair Labor Standards Act (FLSA).

7. Section 1981 of the Civil Rights Act of 1866

Section 1981 provides additional protections against race, color, and ethnicity-based discrimination in the workplace. This law applies to most employment arrangements for private employers, regardless of size, including contracts related to employment, and ensures that individuals are not discriminated against because of their race or ethnicity.

8. The Pregnant Workers Fairness Act (PWFA)

Effective June 27, 2023, the Pregnant Workers Fairness Act requires covered employers to provide reasonable accommodations to employees or applicants who experience limitations due to pregnancy, childbirth, or related medical conditions. This law aims to ensure that pregnancy-related conditions do not lead to discriminatory treatment or job loss. Employers must provide accommodations for these conditions unless it would cause undue hardship, and they cannot discriminate against workers or applicants for requesting such accommodations.

Impact of Broader State Protections

Most employers must comply with federal anti-discrimination protections. Many states and localities have laws that expand on federal protections in a number of ways. For example, protected characteristics may be covered beyond those identified by the federal government, such as marriage or familial status, height, weight, reproductive health decisions, use of tobacco products, caste, or political activity or affiliation. Additionally, things like protections for disabled individuals or equal pay requirements may be more expansive depending on the state definitions of “impairment” or “equal pay,” respectively. Similarly, although the ADEA protects individuals at 40 years of age and older, some jurisdictions may protect age discrimination beginning at 18 years old or at any age.

Typically, where state and local laws simply provide broader protections, complying with federal, state, and local law can be straight forward. However, where federal, state, and local mandates diverge creating conflicting employer obligations, employers should consult with legal counsel to assess risk and navigate requirements

Employer Takeaways

Understanding and complying with employment discrimination protections is essential for creating a fair and inclusive work environment. Employers should be mindful that nearly every state and some localities have enacted their own set of anti-discrimination laws, often mirroring or expanding upon federal protections. As an employer, it’s vital to stay informed about federal, state, and local-level protections, regularly review policies and procedures, and provide training to all employees involved in the hiring process.

As federal policies continue to evolve, rely on our team of compliance leaders to help you stay on top of key actions, pending legislation, and regulatory changes that may impact your organization. Visit OneDigital's resource page for real-time updates: Federal Policy Updates for Employers: What to Watch in 2025.