Not legal advice. Educational guide to general U.S. employment law. Rules vary by state — consult an employment attorney for specific cases.
01
The statute-by-statute map
Title VII (1964)Race, color, religion, sex, national origin. Bostock v. Clayton County (2020) held that firing someone for being gay or transgender is sex discrimination. The Pregnancy Discrimination Act folded pregnancy, childbirth and related conditions into "sex" in 1978.
ADEA (1967)Age — but only 40 and over, and only in that direction; favoring a 60-year-old over a 45-year-old is lawful under federal law.
ADA (1990)Disability: a physical or mental impairment substantially limiting a major life activity, a record of one, or being regarded as having one — plus the accommodation duty covered in the
interactive process guide.
GINA (2008)Genetic information — including family medical history; the reason wellness programs and doctors' notes need careful handling.
PWFA (2023)Reasonable accommodation for pregnancy, childbirth and related conditions — an affirmative duty beyond the PDA's equal-treatment rule.
Adjacent statutesUSERRA (military service), IRCA (citizenship status — the
I-9 guide's anti-discrimination side), Equal Pay Act (sex-based pay differences), and Section 1981 (race, all employers, no filing prerequisite).
02
Coverage thresholds
Title VII, the ADA, GINA and the PWFA reach employers with 15 or more employees; the ADEA requires 20; the Equal Pay Act and Section 1981 reach essentially everyone. Count employees across each working day in 20 or more calendar weeks in the current or preceding year — part-timers count. But read these thresholds with the caveat in section 04: state law almost always fills the gap below them.
03
What discrimination includes
Every covered statute reaches the full arc of employment: job ads, recruiting, interviewing, hiring, pay, assignments, training, promotion, benefits, discipline, layoff and termination. Two doctrines widen the reach: disparate impact — a neutral policy (a degree requirement, a physical test, a blanket conviction exclusion) that disproportionately screens out a protected group and isn't job-related — and harassment, which becomes unlawful when severe or pervasive enough to create a hostile environment. And every statute carries the anti-retaliation provision that, as the retaliation guide shows, now generates more charges than any underlying claim.
04
The state layer
Nearly every state adds traits federal law doesn't cover — marital status, lawful off-duty conduct, criminal history, credit history, caregiver status, hairstyles associated with race (CROWN Acts), and more — and drops thresholds far below 15 (several states cover employers of one). Multi-state employers should build policy to the most protective state they operate in rather than tracking fifty variations in daily practice. When a charge does arrive, federal or state, the EEOC charge guide walks the response.
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Frequently asked questions
What are the federally protected classes?Race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin under Title VII; age 40 and over under the ADEA; disability under the ADA; genetic information under GINA; and pregnancy accommodation rights under the PWFA. Citizenship status and military service add protections under separate statutes.
Does Title VII protect against discrimination for being white, male, or under 40?Title VII protects traits, not groups — race and sex discrimination claims can be brought by anyone treated worse because of race or sex. Age is the exception: the ADEA protects only workers 40 and over.
Are small businesses exempt from discrimination law?Below 15 employees, most federal statutes don't apply (20 for age claims) — but nearly every state runs its own fair-employment law with lower thresholds, some reaching employers with a single employee. Federal exemption almost never means actual exemption.
Is obesity or political affiliation a protected class?Not under federal law generally — though obesity can qualify as an ADA disability in some circumstances, and a handful of states and cities protect political activity, off-duty conduct, height and weight, or hairstyle (CROWN Acts).
