Federal law forbids both government and private employers from discriminating against employees or job applicants based on certain "protected characteristics" such as race or gender. States also have employment discrimination laws. If you believe you are a victim of employment discrimination, you may be able to take your employer to court. Employment Discrimination Is Unconstitutional Federal employment discrimination law is based on the 5th and 14th amendments to the U.S. Constitution. No federal or state law can overrule the Constitution. In addition, Congress passed a number of employment discrimination laws in the 1960s and 1970s. The federal courts have upheld these laws in many case decisions.Employment discrimination law is firmly established and applies everywhere in the United States. Some state laws provide even stronger protections. Employment Discrimination Law Protects You Employment discrimination law protects you from discrimination in hiring, firing, promotions, j ob assignments, transfers, pay, and benefits. To be illegal, the discrimination must be based on at least one of your "protected characteristics." Protected characteristics include race, color, religion, gender, national origin, age, or disability. The law also protect you against facing retaliation or harassment on the basis of a protected characteristic. Some protections are limited. Protection against age discrimination, ex: applies only if you are 40 or older. If you are disabled, you're protected.
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