Know Your HR Terms: Protected Classes

Protected classes—also known as protected characteristics—come from several federal laws (about half are from Title VII of the Civil Rights Act of 1964). Although we’re usually talking about them with respect to employment, they may also come into play in housing, education, and public accommodations.

The characteristics protected by federal law in employment settings include race, color, religion, age (over 40), sex (including sexual orientation, gender identity, and pregnancy), disability, national origin (including ethnicity and accent), genetic information (including that of family members), military service (past, present, or future), and citizenship or immigration status.

While you have a lot of leeway to make employment decisions as you see fit, you’re prohibited from making decisions based on a person’s inclusion in any of these protected classes. Refusing to hire or promote someone because they’re over 40, gay, or from Mexico, for example, would be unlawful discrimination under federal law. Many states also have their own anti-discrimination laws that protect additional characteristics, and employers should make sure they’re aware of those.

We recommend including the full list of applicable protected characteristics in your employee handbook so that everyone is aware of them.

Article content provided by My HR Support Center

What are Protected Classes?

Protected classes — also sometimes called protected characteristics — come from anti-discrimination law. We talk about them with respect to employment laws, but they also come into play in housing and education.

The classes and characteristics protected by federal law include race, color, age (over 40), sex, sexual orientation, gender identity, pregnancy, religion, disability, national origin, ethnic background, genetic information (including that of family members), military service, and citizenship or immigration status.

While you have a lot of leeway to make employment decisions as you see fit, you are prohibited from making decisions based on a person’s inclusion in any of these protected classes. Refusing to hire or promote someone because they are over 40, gay, or from Mexico, for example, would be considered unlawful discrimination under federal law. Many states also have their own anti-discrimination laws that protect additional classes.

The best way to avoid discrimination is to base employment decisions only on factors that are job-related. We recommend including the full list of protected classes in your employee handbook so that everyone is aware of them.

Article content provided by My HR Support Center