What Is a "Protected Class" as It Relates to Employment Discrimination?

DuPage County Workplace Discrimination Attorneys

Discrimination in the workplace is an ongoing issue that continues to affect many people. Even though the laws of the United States require everyone to be treated equally, some employers violate these laws and treat certain employees unfairly. They may refuse to hire people of a certain race or religion, pass employees over for promotion because of their gender or sexual orientation, or allow a hostile work environment in which employees are made to feel uncomfortable because of a disability or other factors. Employees who have experienced discrimination will need to understand what steps they can take to address these issues.

There are a number of state and federal laws that are intended to prohibit and police discrimination against individuals with certain identifiable characteristics. Those who share these characteristics are considered to be part of a "protected class" of people. Employment discrimination occurs when an employer treats a member of a protected class differently from their peers. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we strive to fight against employment discrimination and ensure that people in protected classes are treated fairly. We can help victims of discrimination take steps to address the harm they have suffered and require employers to abide by all applicable laws.

What Is a Protected Class?

Protected classes have been recognized by a variety of federal laws, including the Equal Pay Act of 1963, the Civil Rights Act of 1964, the Age Discrimination Act of 1967, and the Americans with Disabilities Act of 1990, among many others. At the state level, the Illinois Human Rights Act established protections for additional identifiable characteristics.

According to these laws, it is illegal and a violation of the person's rights for an employer to make adverse employment-related decisions on the basis of a person's actual or perceived:

• Race;
• Color;
• Religion;
• National origin or place of birth;
• Ancestry;
• Age;
• Sex or gender identity;
• Sexual orientation;
• Marital, pregnancy, or family status;
• Order of protection status;
• Disability;
• Veteran status, including unfavorable discharge; or
• Citizenship status.

Adverse employment decisions include refusing to hire, segregating, compensating, promoting, disciplining, or otherwise affecting the terms and conditions of a person's employment.

Options for Employees Who Have Experienced Discrimination

When a person is subject to adverse employment decisions based on their membership in a protected class, they may file a claim with the Equal Employment Opportunity Commission or the Illinois Department of Human Rights. After performing an investigation, these agencies may take steps to remedy the situation, or they may give the person authorization to proceed with a lawsuit against the employer who engaged in discrimination. A lawsuit may allow a person to recover financial compensation for the losses they experienced due to a wrongful termination or other illegal actions, as well as the ways they have been personally affected, such as the emotional trauma they have suffered. In some cases, an employee may be restored to their proper position, ensuring that they will be able to continue earning the proper income based on their skills and experience.

Contact Our DuPage County Employment Discrimination Lawyers

The U.S. Equal Employment Opportunity Commission and the Illinois Human Rights Commission are responsible for ensuring that all people enjoy the benefits of equal opportunity laws. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we are committed to helping those who have experienced discrimination of any kind in the workplace. If you have been discriminated against on the basis of a protected characteristic, contact our office so our experienced team can help you take action. Call 630-665-7300 to discuss your case and explore your available options. Our firm serves clients in DuPage County, Kane County, and throughout Northern Illinois.