Discrimination is the act of treating or considering an individual based on his or her membership in a certain protected group, rather than based on individual merit.

Unlawful discrimination occurs when an individual or a group of people is treated less favorably than another person or group because of their membership in a certain protected group (e.g., race, color, national or ethnic origin, gender, pregnancy, marital status, age, disability, religion, or other characteristic protected under anti-discrimination or human rights legislation.)

Workplace discrimination frequently occurs in decisions concerning:

• who to hire

• what terms, conditions and benefits to offer employees

• who to train and how

• who to consider and ultimately select for transfer, promotion and dismissal

What Are the Federal Laws Prohibiting Job Discrimination?

• Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

• the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

• the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

• Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

• Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;

• Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee; and

• the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.