What are protected characteristics?
In the United States, under Title VII of the Civil Rights Act of 1964, it is unlawful to discriminate against individuals based on the following protected characteristics:
• Age
• Disability
• Genetic information
• National origin
• Pregnancy
• Race
• Color
• Religion
• Sex
• Sexual orientation
• Gender identity
This applies to applicants, employees and former employees.
What does discrimination look like?
Discrimination includes:
• Direct and indirect discrimination, such as treating an employee less favorably due to one or more protected characteristics.
• Putting someone at a disadvantage by treating everyone the same without considering individual circumstances.
• Harassment and retaliation.
Candidates are protected during the recruitment process too
The law applies to employees and covers areas such as pay and benefits, terms and conditions, training, promotion, performance management and dismissals. However, it also protects candidates before they are hired.
For example:
• Retracting a job offer without a legitimate, documented business reason can expose your business to legal risks.
You’re responsible for your employees too
As an employer, you are liable for:
• Your own conduct towards those with protected characteristics.
• The actions of other employees.
Managers, in particular, have a “duty to act” if they witness or are made aware of possible discrimination or harassment.
For example:
• If someone in your business is accused of sexual harassment and you cannot prove you took reasonable steps to prevent it, such as providing sexual harassment training, you could be held liable.
How do you stop discrimination from happening in your business?
To reduce the risk of discrimination:
• Create clear anti-discrimination policies.
• Provide discrimination training for employees and managers.
• Work with an expert HR consultant.
We’re here to help
If you’re unsure about anything related to discrimination, protected characteristics or other HR matters, call us.
