Illegal Reasons for Firing Employees
There are certain reasons that you can never use to fire an employee.
Most employees in the United States work "at will." This means that you can fire them at any time, for any reason -- unless that reason is illegal. State and federal laws prohibit employers from relying on certain justifications for firing employees, such as discrimination or retaliation. These prohibitions apply whether the employee has an employment contract with you or works at will. (To learn more about additional limitations on firing employees with employment contracts, see Firing Employees With Employment Contracts.)
Discrimination
Federal law makes it illegal for most employers to fire an employee because of the employee's race, gender, national origin, disability, religion, or age (if the person is at least 40 years old). Federal law also prohibits most employers from firing someone because that person is pregnant or has a medical condition related to pregnancy or childbirth. To find out if your business is covered by these federal laws, see Federal Antidiscrimination Laws.
Most states also have antidiscrimination laws that prohibit firing for all of the reasons listed in the federal law. Many state laws, however, are broader than federal law, meaning they include additional prohibitions (for example, some state laws prohibit discrimination on the basis of sexual orientation or marital status), and they cover a wider range of employers. To learn more about your state antidiscrimination laws, see Employment Discrimination in Your State
Retaliation
It is illegal for employers to fire employees for asserting their rights under the state and federal antidiscrimination laws described above. An employee can bring a retaliation claim even if the underlying discrimination claim doesn't pan out. For example, if you fire an employee for complaining that you denied a promotion because of race, you could lose a retaliation lawsuit even if a judge or jury finds that your promotion decision was not discriminatory. To learn more about retaliation, see Preventing Retaliation Claims by Employees.
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