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. As stated on the Equal Employment Opportunity Commission’s (EOCC) website, these are eight protected characteristics in the United States in the context of employment discrimination: race, color, religion, sex, national origin, age, disability, and genetic information. For the statutes that created these protections, see Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, Under the ambit of sex, also protected is pregnancy (see the Pregnancy Discrimination Act). Further, discrimination on the basis of sexual orientation and gender identity is also prohibited as sex discrimination following the 2020 Supreme Court case of Bostock v. Clayton County. Such protections are also extended in the context of education and in access to public amenities, such as shops, restaurants, and hotels.
In the context of housing discrimination, section 3604 of the Fair Housing Act enumerates seven protected characteristics: race, color, national origin, religion, sex, familial status, and disability. As such, it is illegal to refuse to rent or sell property to a person based on one of those characteristics.
[Last updated in August of 2020 by the Wex Definitions Team]
As an expert in civil rights and discrimination laws, I have a comprehensive understanding of the legal framework and protections surrounding various characteristics in the United States. My expertise stems from a deep knowledge of the statutes, court cases, and legislative history related to protected characteristics and anti-discrimination measures.
The concept of protected characteristics, often known as protected classes, is fundamental in preventing discrimination against individuals based on specific personal traits. These traits are legally safeguarded and cannot be used as a basis for unfair treatment in various aspects of life, including employment, housing, education, and public accommodations.
In the context of employment discrimination, the Equal Employment Opportunity Commission (EEOC) identifies eight protected characteristics established by various statutes:
- Race
- Color
- Religion
- Sex
- National Origin
- Age
- Disability
- Genetic Information
These protections originate from pivotal legislations such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990. Additionally, under the ambit of sex, pregnancy is protected by the Pregnancy Discrimination Act.
Furthermore, following the landmark 2020 Supreme Court case of Bostock v. Clayton County, discrimination based on sexual orientation and gender identity is also prohibited as a form of sex discrimination under federal law.
Expanding beyond employment, protections against discrimination extend to housing as outlined in the Fair Housing Act. Section 3604 of this act enumerates seven protected characteristics, including:
- Race
- Color
- National Origin
- Religion
- Sex
- Familial Status
- Disability
It is crucial to note that it is illegal under the Fair Housing Act to refuse to rent or sell property to an individual based on any of these protected characteristics.
These protections are not only vital in the workplace but also apply to other facets of life, ensuring equal access and opportunities for individuals across various spheres of society, including education and access to public amenities like shops, restaurants, and hotels.
The legal landscape regarding protected characteristics and anti-discrimination measures is continually evolving through court interpretations, legislative updates, and societal changes, reinforcing the importance of staying updated on these laws to ensure fair treatment and equality for all individuals.
