Executive Order 11246 prohibits covered federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equal employment opportunity without regard to those
factors. Executive Order 11246 is enforced by the Office of Federal Contract Compliance Programs (OFCCP). Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color,
religion, sex or national origin. This law is enforced by the Equal Employment Opportunity Commission (EEOC). Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance. This law is enforced by the Civil Rights
Center. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in educational programs and activities that receive federal financial assistance. This law is enforced by the Civil Rights Center. Section 188 of the Workforce Investment Act of 1998 (WIA) prohibits discrimination against applicants, employees and participants in WIA Title I-financially assisted programs and activities, and programs that are part of the One-Stop system, on the grounds of race, color, religion, sex, and national origin. Section 188 also prohibits discrimination on the grounds of age,
disability, political affiliation or belief, and for beneficiaries only, citizenship or participation in a WIA Title I-financially assisted program or activity. This law is enforced by the Civil Rights Center. Under the National Apprenticeship Act of 1937, apprenticeship programs registered with the Department of Labor, and state apprenticeship programs registered with recognized state
apprenticeship agencies, are prohibited from discriminating, and required to undertake affirmative action in apprenticeship programs, on the bases of race, color, religion, national origin and sex. This law is enforced by the Office of Apprenticeship. Equal Employment Opportunity Poster Executive Order 11246 Office of Federal Contract Compliance Programs (OFCCP) Civil Rights Center Laws on this TopicExecutive Order 11246 Title VI of the Civil Rights Act of 1964 Title VII of the Civil Rights Act of 1964 29 USC §50 - National Apprenticeship Act of 1937 29 USC §2938 - Nondiscrimination Provisions of the Workforce Investment Act of 1998 Regulations on this Topic29 CFR Part 30 - Equal Employment Opportunity in Apprenticeship and Training 29 CFR Part 31 - Nondiscrimination in Federally Assisted Programs of the Department of Labor – Effectuation of Title VI of the Civil Rights Act of 1964 29 CFR Part 37 - Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act of 1998 (WIA) 29 CFR 1604 - Guidelines on Discrimination Because of Sex 29 CFR 1605 - Guidelines on Discrimination Because of Religion 29 CFR 1606 - Guidelines on Discrimination Because of National Origin 41 CFR Chapter 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor The term “protected class” refers to groups of people who are legally protected from being harmed or harassed by laws, practices, and policies that discriminate against them due to a shared characteristic (e.g. race, gender, age, disability, or sexual orientation). These groups are protected by both U.S. federal and state laws. The Civil Rights Division of the U.S. Department of Justice is the independent federal agency responsible for enforcing all federal anti-discrimination laws. The Equal Employment Opportunity Commission (EEOC) is assigned with the enforcement of these laws specifically as they apply to employment. Key Takeaways
What Are the Protected Classes?The Civil Rights Act of 1964 (CRA) and subsequent federal laws and regulations prohibited discrimination against individuals or groups of individuals because of particular traits. The following table displays each protected trait alongside the law/regulation that established it as such.
While not required by federal law, many private employers also have policies protecting their employees from discrimination or harassment based on their marital status, including same-gender marriage. In addition, many states have their own laws protecting more broadly-defined and inclusive classes of people. Gender Class ProtectionSince 1965, four presidents have issued executive orders which prohibit consideration of sex and gender attributes in employment decisions of the United States federal government and its contractors, eventually including both sexual orientation and gender identity. Signed by President Lyndon B. Johnson on September 24, 1965, Executive Order 11246 established requirements for non-discriminatory practices in hiring and employment on the part of U.S. government contractors. It "prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions based on race, color, religion, sex, or national origin." It also requires contractors to "take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin." Executive Order 11478, signed by U.S. President Richard M. Nixon on August 8, 1969, prohibited discrimination in the competitive service of the federal civilian workforce on certain grounds. The order was later amended to cover additional protected classes. Executive Order 11478 covered the federal civilian workforce, including the United States Postal Service and civilian employees of the United States Armed Forces. It prohibited discrimination in employment based on race, color, religion, sex, national origin, handicap, and age. It also required all departments and agencies to take affirmative steps to promote employment opportunities for those classes. Executive Order 13087 was signed by U.S. President Bill Clinton on May 28, 1998, amending Executive Order 11478 to prohibit discrimination based on sexual orientation in the competitive service of the federal civilian workforce. The order also applies to employees of the government of the District of Columbia and the United States Postal Service. However, it does not apply to positions and agencies in the excepted service, such as the Central Intelligence Agency, National Security Agency, and the Federal Bureau of Investigation. Signed by U.S. President Barack Obama on July 21, 2014, Executive Order 13672 amended two earlier executive orders to extend protection against discrimination in hiring and employment to additional classes. It prohibited discrimination in the civilian federal workforce based on gender identity and in hiring by federal contractors based on both sexual orientation and gender identity. Discrimination vs. HarassmentHarassment is a form of discrimination. It is often, but not always, associated with the workplace. Harassment can include a wide range of actions such as racial slurs, derogatory remarks, or unwanted personal attention or touching. While anti-discrimination laws do not prohibit acts like occasional offhand comments or teasing, harassment can become illegal when it is so frequent or severe that it results in a hostile work environment in which the victim finds it difficult or uncomfortable to work. Examples of Discrimination Against Protected ClassesPersons who are members of the legally protected classes tend to face a vast number of examples of discrimination.
During 2017, members of protected classes filled 84,254 charges of workplace discrimination with the Equal Employment Opportunity Commission (EEOC). While charges of discrimination or harassment were filed by members of all protected classes, race (33.9%), disability (31.9%), and sex (30.4%) were filed most frequently. In addition, the EEOC received 6,696 charges of sexual harassment and obtained $46.3 million in monetary benefits for the victims. What Classes Are Not Protected?There are certain groups that are not treated as protected classes under anti-discrimination laws. These include:
Federal law strictly prohibits blatant discrimination against protected classes, but it does not absolutely bar employers from considering a person’s membership in a protected class under all circumstances. For example, a person’s gender may be considered in employment decisions if the job is for a bathroom attendant and the facilities' bathrooms are gender-segregated. Another example deals with lifting requirements and if they are ableist. The Equal Employment Opportunity Commission states that lifting up to 51 pounds can be a job requirement as long as lifting heavy items is an essential task. So, it is legal for a moving company to have lifting 50 pounds as a job requirement, but it would be illegal for a front desk assistant position to have a similar requirement. There is also much nuance in cases concerning lifting. What Are ‘Immutable Characteristics’ in Anti-Discrimination Law?In the law, the term “immutable characteristic” refers to any attribute considered impossible or difficult to change, such as race, national origin, or gender. Individuals claiming to have experienced discrimination because of an immutable characteristic will automatically be treated as members of a protected class. An immutable characteristic is the clearest way to define a protected class; these characteristics are given the most legal protection. Sexual orientation was previously at the center of a legal debate about immutable characteristics. However, under today's anti-discrimination laws, sexual orientation has been established as an immutable trait. History of the Protected ClassesThe first officially recognized protected classes were race and color. The Civil Rights Act of 1866 prohibited discrimination “in civil rights or immunities...on account of race, color, or previous condition of servitude.” The Act also barred discrimination in the making of contracts— include employment contracts—based on race and color. The list of protected classes grew significantly with the enactment of the Civil Rights Act of 1964, which banned discrimination in employment based on race, color, national origin, sex, and religion. The Act also created the Equal Employment Opportunity Commission (“EEOC”), an independent federal agency empowered to enforce all existing and future civil rights laws as they apply to employment. Age was added to the list of protected classes in 1967 with the passage of the Age Discrimination in Employment Act. The Act applies only to people age 40 and older. In 1973, persons with disabilities were added to the list of protected classes, by the Rehabilitation Act of 1973, which prohibits discrimination based on disability in the employment of federal government employees. In 1990, the Americans with Disabilities Act (ADA) extended similar protections to private-sector workers. In 2008, the Americans with Disabilities Amendments Act added virtually all Americans with disabilities to the list of protected classes. Sources and Further Reading
What are the 10 protected classes in California?Protected Classes. Color.. Religion (includes religious dress and grooming practices). Sex/gender (includes pregnancy, childbirth, breastfeeding and/ or related medical conditions). Gender identity, gender expression.. Sexual orientation.. Marital status.. What are the protected classes quizlet?A title of a federal statute enacted to eliminate job discrimination based on five protected classes: Race, color, religion, sex, and national origin.
What groups 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 is a protected trait?A protected characteristic–also referred to as a protected class–is a personal trait that cannot be used as a reason to discriminate against someone.
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Race, color, national origin, gender, and religion are classifications of classes.
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