Protected Characteristics

Federal and state employment laws prohibit certain employment decisions based on legally protected characteristics, including race, color, religion, sex, national origin, age, disability, and other characteristics protected by applicable law. Not every unfair workplace decision is unlawful discrimination. The question is whether the employer’s decision was motivated by a legally prohibited reason.

• Race
• Color
• Sex
• Age
• National Origin
• Disability
• Pregnancy
• Religion

Federal age discrimination law generally protects workers age 40 and older.

Protections for medical and family leave, including leave under the Family and Medical Leave Act (FMLA), are addressed separately.

At-Will Employment Does Not Permit Unlawful Discrimination

Although many employees work on an at-will basis, employers may not make employment decisions for reasons prohibited by applicable discrimination laws. Depending on the circumstances, unlawful discrimination may involve hiring, promotions, compensation, discipline, demotions, termination, or other terms and conditions of employment.

What You Need to Prove

Not every unfair employment decision violates the law. Evaluating a discrimination claim requires examining the employer’s stated reasons, the available evidence, the employee’s protected characteristics, and whether the facts support a connection between those characteristics and the challenged decision.