by Michael Mcculley

Created on: June 01, 2009

This article is a short introduction to employment discrimination law for both employers and employees. I will describe, from a legal perspective, what constitutes discrimination in the workplace.

The term "discrimination" is widely used today to describe any behavior that might cause one to feel unfairly singled out. However, contrary to popular opinion, the law in the United States does not require employers to treat employees in accordance with any subjective standard of fairness. In fact, the law grants employers broad authority to manage their employees in whatever manner best serves the employer's interests. That is the general rule.

Nevertheless, there are limits. Lawyers use the term "employment discrimination" to refer to conduct that (1) constitutes a serious disadvantage to the employee's terms, conditions, or benefits of employment, and (2) is motivated by the employee's race, sex, or other protected class status.

A "protected class" is a forbidden category of discrimination. Federal law currently forbids employment discrimination on the basis of race, color, sex, religion, age, national origin, or disability. "Race" refers to all races. "Color" refers to the hue of one's skin. "Age" refers to persons aged 40 and older (i.e. it is not illegal to discriminate against someone on the basis of age unless that person was 40 years of age or older). "National origin" refers to the nation of one's birth or one's ancestors' birth. "Disability" refers to an extremely severe physical or mental impairment, a record of such an impairment, or a severe impairment that an employer wrongly believes an employee to have.

Note that discrimination on the basis of pregnancy counts as sex discrimination, as does (in some cases) discrimination against an employee because his or her behavior is perceived to be inappropriately masculine or effeminate. On the other hand, employers are allowed to have distinct dress codes for men and women, and discrimination based upon actual or perceived homosexual behavior does not count as sex discrimination, but rather falls under the separate protected category of "sexual orientation." Federal law does not presently prohibit discrimination based upon sexual orientation, but some states do, and it is probable that, during the Obama administration, Federal law will be amended to include sexual orientation as a new protected class.

Additionally, if an employee complains to the Federal Equal Employment Opportunity Commission (or

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