A Protected Class refers to a subgroup of the population that is legally protected from discrimination under federal, state, and local laws. Protected classes are identified based on characteristics such as race, color, religion, sex, national origin, age, disability, and genetic information.
Characteristics of Protected Classes
Federal Protection
The U.S. federal government has enacted several laws to ensure that members of protected classes are afforded equal opportunities:
- Civil Rights Act of 1964 addresses discrimination based on race, color, and national origin.
- Age Discrimination in Employment Act (ADEA) protects individuals 40 years of age or older.
- Americans with Disabilities Act (ADA) provides protections for individuals with disabilities.
- Genetic Information Nondiscrimination Act (GINA) addresses discrimination based on genetic information.
State and Local Protections
State and local jurisdictions may extend protections to additional classes, including sexual orientation, gender identity, marital status, and others.
Examples of Protected Classes
- Race and Ethnicity: African Americans, Asian Americans, Hispanic and Latino Americans.
- Gender: Both men and women, including provisions for gender non-conforming individuals.
- Age: Individuals who are 40 years of age or older.
- Disability: Physical and mental impairments substantially limiting one or more major life activities.
- Religion: Protection against discrimination based on religious beliefs and practices.
Historical Context
The concept of a protected class arose out of the civil rights movement and efforts to combat systemic discrimination:
- The Civil Rights Act of 1964 was a landmark law aimed at ending segregation in public places and banned employment discrimination.
- The Fair Housing Act of 1968 was enacted to address discrimination in housing.
Applicability
Employment
Under Title VII of the Civil Rights Act, employers with 15 or more employees are prohibited from discriminating against employees and job applicants on the basis of race, color, religion, sex, or national origin.
Housing
The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability.
Comparisons and Related Terms
Open Housing
Open Housing refers to the principle that housing should be available to all persons regardless of their protected class status. See also: [Open Housing].
Equal Employment Opportunity (EEO)
EEO principles ensure that employment practices are free from discrimination and provide equal opportunities for all applicants and employees.
FAQs
What constitutes illegal discrimination?
Are there exceptions to the protections?
Summary
A Protected Class is a legally recognized group that is protected from discriminatory practices based on specific characteristics such as race, gender, age, and disability. Federal laws, along with state and local regulations, provide these protections to promote equal opportunities across various sectors, ensuring that members of protected classes receive fair treatment in employment, housing, and other areas of public life.
References
- U.S. Equal Employment Opportunity Commission (EEOC): https://www.eeoc.gov/
- Civil Rights Act of 1964: https://www.govinfo.gov/content/pkg/STATUTE-78-Pg241/public-law-88-352.pdf
- Americans with Disabilities Act (ADA): https://www.ada.gov/
- Age Discrimination in Employment Act (ADEA): https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
- Fair Housing Act: https://www.hud.gov/program_offices/fair_housing_equal_opp/progdesc/title8
