Equal opportunity employment laws prohibit workplace discrimination and harassment. Federal, state and local laws protect potential and current employees in many workplaces, and they typically apply once an employer reaches a minimum number of staff. Review these common examples of how equal employment opportunity works so you can evaluate your workplace.
Equal opportunity history
The Equal Employment Opportunity Commission enforces laws that prevent discrimination based on protected characteristics. These protections commonly include race, color, religion, sex and national origin, and they have been expanded to cover pregnancy, disability, age, sexual orientation and veteran status.
Job applications
Employers should not screen out or fast-track applicants because of a protected status. All applicants have the right to be considered for positions based on their qualifications and experience.
Job vacancies
Companies must advertise openings and make hiring opportunities available broadly, although management may promote or hire internally when an existing employee is the best candidate. Employers that use third-party staffing or leasing services may also want guidance about insurance and compliance, for example PEO / Employee Leasing / Temporary Employment Insurance.
Advancement
An employee should not be denied promotion or career advancement because of a protected status. Decisions about raises and promotions should be based on documented performance and objective criteria.
Training and development
Training, mentoring and development opportunities—such as conferences, seminars, job shadowing and mentoring—should be offered without discrimination. Employers that rely on staffing firms or temporary placements should consider how workplace practices affect liability and coverage, for example Employment Practices Liability (EPLI) for Staffing Firms.
Wages
Employees must be paid fairly and not receive lower wages because of a protected characteristic. Pay decisions should reflect role, experience and performance, not status.
Segregation
Employers may not segregate or assign office space, job tasks or projects based on a protected status. Assignments should be made according to business needs and individual qualifications.
Layoffs
Layoff policies that rely solely on blanket rules like last in, first out (LIFO) can have discriminatory effects if they disproportionately impact a protected group. Employers should use objective performance-based criteria and document decisions; some employers review liability coverage options such as Directors and Officers (D&O) Liability Insurance (including Employment Practices Liability).
What to do if you're a victim of discrimination
If you believe you are being discriminated against, keep a record of incidents and evidence, including dates, statements, messages or statistical patterns. Raise your concerns with your supervisor or HR so the employer can investigate and address the issue.
If your complaint is not resolved internally, you may consider filing with the appropriate enforcement agency or seeking other remedies provided by law. For help connecting with resources or coverage options, you can ask an agent.
Equal opportunity employment laws exist to protect employees from unfair treatment. Watch for consistent application of policies at your workplace and report concerns through the proper channels.
Frequently Asked Questions
What counts as a "protected status" at work?
Protected statuses commonly include race, color, religion, sex, national origin, pregnancy, disability, age, sexual orientation and veteran status, though specifics vary by jurisdiction.
Should I document incidents of discrimination?
Yes. Record dates, times, what was said or done, and any witnesses; documentation helps internal investigations and formal complaints.
Who should I contact inside my company first?
Start with your supervisor or human resources department so the employer can investigate and respond according to policy.
Can employers offer different training or development based on role?
Employers can tailor training by role, but they should ensure access to development opportunities is fair and not limited by protected characteristics.