Protected Classes: Hiring Guide for Small Businesses

Protected classes refer to characteristics that are legally protected from discrimination during the hiring process. The EEOC also includes protection for employees, former employees, and applicants against retaliation, harassment, and sexual harassment.

Federally Protected Classes at a Glance

As stated, protected classes are those that are protected from discrimination in the eyes of the law. Under the laws provided by the EEOC, it is illegal not to hire someone based on these characteristics. In the same way, you cannot retaliate against them if they complain about being discriminated against.

Below are examples of protected characteristics under federal law.

Protected Classes: Federal and State Laws

Several laws in the federal, state, and local levels are put in place to protect individuals against discrimination during the hiring process. The most relevant laws to keep in mind include:

Federal Laws

1. Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 was designed to ensure that everyone has access to equal employment opportunities and put an end to systemic discrimination in the workplace. It prohibits discriminatory practices in hiring, promotion, compensation, and other decisions related to hiring. Protected classes under Title VII include race, color, religion, sex, and national origin. It should be noted that Title VII is applicable to employers with 15+ employees.

2. The Civil Rights Act of 1991

This law made changes to Title VII to further strengthen it. The Civil Rights Act of 1991 provides additional protections for victims of discrimination, including the right to seek compensation for punitive damages in cases of intentional discrimination.

3. The Age Discrimination in Employment Act (ADEA) of 1967

The ADEA of 1967 protects people aged 40 and above from discrimination based on their age in various aspects of employment, from hiring to termination. It also prohibits age-related biases in job advertisements and assignments.

4. Equal Pay Act of 1963

The Equal Pay Act aims to eliminate wage disparities based on gender. It requires employers to provide equal pay for equal work no matter what their gender is, provided that they work within the same establishment.

5. Americans With Disabilities Act (ADA) of 1990

The ADA protects individuals with disabilities from discrimination in various aspects of public life, including employment. Under this law, employers are required to provide reasonable accommodations to allow equal opportunities in the workplace. Its purpose is to promote inclusivity, accessibility, and equal participation for people with disabilities in society.

6. Title II of the Genetic Information Nondiscrimination Act (GINA)

Title II of the GINA prohibits companies from making employment decisions using genetic information. It includes getting or requesting information about job candidates or their family members, except in limited circumstances. GINA allows the request of genetic information in:

• Health services, such as wellness programs, provided by employers
• Publicly available sources
• Voluntary employee health risk assessments
• Genetic monitoring required by law
• DNA testing for law enforcement purposes
• Certification requirements for leave policies

7. Pregnancy Discrimination Act (PDA)

The PDA ensures that women who are pregnant or have related medical conditions have access to equal opportunities, including hiring, promotion, and other employment practices. Under this law, employers must treat pregnant employees or those affected with related medical conditions the same way as other employees.

8. Immigration Reform and Control Act

The Immigration Reform and Control Act of 1986 was designed to enact civil and criminal penalties to employers who knowingly hired undocumented immigrants. However, the law also protects documented employees from discrimination when they willingly and legally provide I-9 employment authorization.

9. Uniformed Services Employment and Reemployment Rights Act (USERRA)

The USERRA protects service members’ reemployment rights when returning from a period of service in the uniformed services, including those called up from the reserves or National Guard, and prohibits employer discrimination based on military service or obligation.

10. Bostock v. Clayton County, Georgia

In the Supreme Court case of Bostock v. Clayton County, Georgia, it was determined that firing individuals because of their sexual orientation or transgender status violates Title VII of the Civil Rights Act which prohibits discrimination because of sex.

State Laws

There are many state and local laws that protect employees from discrimination. Below are just a few of importance. Please note that other states may have similar laws in place.

• Alaska: Protects people based on their parental status.
• California: Protects people based on marital status.
• Connecticut: Employers are not prohibited to inquire about familial responsibilities.
• Illinois: Protects people from discrimination for off-duty use of social media, such as Facebook or TikTok. Also prohibits employers from asking for social media login information from candidates.
• New Jersey: Protects people between the ages of 18 to 70. Federal law only protects those over 40.
• New York: Protects people based on criminal records, political activities, and bankruptcy records.
• North Carolina: Protects domestic violence victims from discrimination. This law applies to employers with 15 or more employees.
• Multi-State: 25 states, including Vermont, Maine, Michigan, Oregon, Tennessee, Texas, Alaska, and California, have passed CROWN (Create a Respectful and Open Workplace for Natural Hair) laws, which prohibit employers from discriminating based on hairstyles.

Best Practices to Create an Inclusive Workplace

Creating an environment of inclusivity in the workplace starts in the hiring/recruitment process. By having one in place, it’s easier to identify and prevent incidents of discrimination. Most of all, workplaces that have DEI initiatives make people feel more valued, respected, and supported.

Here are a few tips on how to make your workplace a more inclusive one:

1. Create and Enforce Anti-Discrimination Policies

These policies should explicitly outline the company’s commitment to diversity. It should also indicate the consequences of discriminatory behavior. Additionally, employees should be aware of the reporting process in place.

2. Evaluate Hiring and Promotion Process

Review your hiring and promotion process to make sure these are transparent and fair. Examine every stage, from job postings to the final selection. Evaluate whether the criteria used to assess candidates are objective and relevant to the position, and that the decision-making process is free from any hiring biases.

If you are in doubt, here’s our guide on blind hiring and how to reduce bias during the recruitment process. Also, learn more about diversity hiring and how it helps achieve a high-quality workforce.

3. Provide Support

Foster an environment where seeking help is encouraged, and any stigma surrounding issues on discrimination is reduced. Additionally, have support systems in place, such as counseling, mentorship, or employee assistance programs. These will help employees navigate challenges related to discrimination.

4. Create Safe Spaces

Establish safe spaces for protected classes, such as wheelchair ramps, prayer rooms, lactation rooms, mental health spaces, and multilingual resources. Safe spaces, however, go beyond physical accommodations. It also includes an environment where employees can openly express their concerns, share their experiences, and seek guidance without fear of reprisal or judgment.

5. Educate Your Employees

Implementing DEI training programs is essential in building a culture that values diversity and recognizes the importance of protected characteristics. Training sessions should also include how discriminatory behavior impacts the organization. These sessions start with onboarding new employees and should include annual reminders and updates.

Aside from training, equip employees with tools and resources that will help them identify and address unconscious biases. By providing employees with an understanding of these elements, you can foster an environment of acceptance and respect.

6. Keep Track of Workplace Demographics

Regularly assess your workplace demographics. This involves a comprehensive analysis of how protected classes are represented in your workplace. You can then use these data to identify areas of improvement, set goals, and measure overall progress.

To get more insight into the state of DEI in the workplace, here are some important DEI statistics and why they are important.

Protected Classes Frequently Asked Questions (FAQs)

Bottom Line

Protected characteristics and the laws that protect them are fundamental in creating a more diverse workplace. Couple that with regular diversity awareness training for your employees, and you have a healthy and safe workplace where everyone respects each other and contributes to the success of the company.