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Preventing Employment Discrimination FAQ

Common questions about workplace discrimination and harassment laws.

Questions

Answer

What forms of discrimination are illegal in the workplace?

Only if a characteristic is specifically listed in an antidiscrimination law is it illegal to discriminate against someone on the basis of that characteristic.

Federal laws. Federal law prohibits discrimination on the basis of race, gender, pregnancy, national origin (including affiliation with a Native American tribe), religion, disability, citizenship status, and age (if the person is at least 40 years old). To learn more about the federal antidiscrimination laws, see Federal Antidiscrimination Laws.

Note: You will not see sexual harassment mentioned under a federal antidiscrimination law because it is a type of gender discrimination. It is any offensive conduct related to an employee's gender that a reasonable woman or man should not have to endure (specifically, an unwelcome sexual advance or conduct on the job that creates an intimidating, hostile, or offensive working environment). To learn more about sexual harassment, see Preventing Sexual Harassment in the Workplace.

State and local laws. State and local laws often prohibit additional types of discrimination, including discrimination on the basis of marriage, sexual orientation, and weight. (For example, fifteen states prohibit private employers from making employment decisions based on sexual orientation, as do many county and municipal governments. For more information, see Sexual Orientation Discrimination in the Workplace.) To learn more about your state and local laws, contact your state fair employment office.

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