These federal laws prohibit workplace discrimination and harassment.
Title VII
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, national origin, sex, and religion. It also protects employees from harassment based on any of these characteristics, and prohibits retaliation against employees or applicants who assert their rights under the law. (To learn about proving discrimination under Title VII, see What's a Prima Facie Case of Discrimination Under Title VII?)
Title VII applies to federal and state government employers and to private employers that have at least 15 employees.
Title VII is enforced by the Equal Employment Opportunity Commission (EEOC). (To learn the rules for filing a charge of discrimination with the EEOC to protect your rights, see Time Limits for Filing a Charge of Discrimination.)
Age Discrimination in Employment Act
The Age Discrimination in Employment Act (ADEA) prohibit employment discrimination on the basis of age. Only employees who are at least 40 years old are protected by the ADEA. The ADEA prohibits discrimination in every aspect of employment. Employers are also required to provide equal benefits to older employees, and to give certain information to older employees who are asked to waive their right to sue for age discrimination. (You can find more information in our Age Discrimination section.)
The ADEA applies to the federal government and to private employers with at least 20 employees. Although the ADEA also protects state government employees from age discrimination, these employees may not sue their government employers directly.
The ADEA is enforced by the EEOC.
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) prohibits discrimination against qualified employees and applicants with disabilities. It also requires employers to make reasonable accommodations to allow employees with disabilities to do their jobs. (Learn more in our Disability Discrimination section.)
The ADA applies to local governments and to private employers with at least 15 employees. Federal government employees are protected from disability discrimination by a different law, the Rehabilitation Act. Although state government employees are protected by the ADA, they cannot sue their government employers directly.
The ADA is enforced by the EEOC and by the Department of Justice.
The Equal Pay Act
The Equal Pay Act (EPA) requires employers to pay men and women equally for doing equal work: jobs that require equal effort, skill, and responsibility, and are performed under similar working conditions. There are a few exceptions, which allow employers to pay men and women differently if the difference is based on merit, seniority, an incentive system, or any reason other than sex. (For more information, see Equal Pay for Equal Work: The Equal Pay Act of 1963).
The EPA applies to all private employers, regardless of size. It also covers federal, state, and local governments.
The EEOC enforces the Equal Pay Act. Unlike other laws prohibiting discrimination, however, the EPA doesn't require employees to file a charge of discrimination with the EEOC before filing a lawsuit.
Genetic Information Nondiscrimination Act
The Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating against employees based on their genetic information -- for example, because an employee has a genetic predisposition to a particular disease or disability, or because the employee's family member suffers from a genetic condition. GINA also prohibits employers from requiring or requesting that employees or applicants supply genetic information, with a few exceptions. And, if an employer happens to acquire genetic information, it must take steps to maintain that information confidentially.
GINA applies to the state and federal governments and to private employers with at least 15 employees.
GINA is enforced by the EEOC.
The Civil Rights Act of 1866 (Section 1981)
Section 1981 is a Reconstruction Era civil rights law that prohibits race discrimination in a variety of settings, including the making and enforcing of contracts. Courts have interpreted Section 1981 to prohibit race discrimination and harassment on the job. (For more information, see Race Discrimination Claims Under Section 1981.)
Section 1981 covers all private employees, as well as independent contractors and other who work on a contractual basis (such as partners in a partnership). It also covers state and local government employees, but does not apply to employees of the federal government.
No government agency enforces Section 1981. An employee who wants to file a lawsuit alleging that Section 1981 has been violated may go straight to court; the employee isn't required to file a charge of discrimination with the EEOC first.
