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Let’s review each of these.

Federal Laws

Title VII. Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex and national origin. This federal statute applies to private employers of 15 or more persons. This law is enforced by the Equal Employment Opportunity Commission (EEOC), which can delegate responsibilities to a state fair employment practices agency.

Equal Pay Act.

The Equal Pay Act prohibits gender-based wage discrimination in which two persons are performing equal work requiring substantially equal skill, effort and responsibility in the same establishment. It is enforced by the EEOC.

Age Discrimination in Employment Act.

The Age Discrimination in Employment Act prohibits discrimination against persons over the age of 40. The ADEA applies to private employers with 20 or more employees.

Americans with Disabilities Act, Title I.

The Americans with Disabilities Act, or ADA, prohibits discrimination against qualified individuals with disabilities, individuals with a record of disabilities, and persons regarded as disabled. Employers cannot discriminate on the basis of a physical or mental handicap and must make reasonable accommodations for persons with disabilities.

Genetic Information Nondiscrimination Act.

The Genetic Information Nondiscrimination Act of 2008, also referred to as GINA, is a recent federal law that protects Americans from being treated unfairly because of differences in their DNA. Genetic discrimination occurs if people are treated unfairly because of differences in their DNA that increase their chances of getting a certain disease. The portions of the law relating to employers took effect in November 2009. Additionally, more than 40 states also have some form of a prohibition on genetic discrimination in employment.

Immigration Reform and Control Act.

Enacted in 1986, this statute prohibits discrimination on the basis of citizenship status. It also extended Title VII’s (see earlier reference) prohibition on national origin discrimination to employers of three or more workers. It is enforced by the Justice Department’s Office of Special Counsel for Immigration-Related Unfair Employment Practices.

Bankruptcy Reform Act.

This law prohibits discrimination in employment based upon a prior bankruptcy or bad debts.

State Laws

States often have their own laws that mirror the federal laws mentioned, but with broader protections for employees. In some cases, state laws expand federal protections; in other areas, state laws create new protections for employees.

State sexual orientation protection laws. While there is no federal law that prohibits this type of discrimination in private employment, a federal executive order outlaws discrimination based on sexual orientation in the federal government. Currently, 21 states and the District of Columbia have laws that prohibit sexual orientation discrimination in private employment: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon,

Rhode Island, Vermont, Washington and Wisconsin. In addition, a handful of states have laws prohibiting sexual orientation discrimination in public workplaces only.

State laws protecting gender identity. Fourteen states prohibit discrimination on the basis of one’s gender identity. They are California, Colorado, Connecticut, Illinois, Iowa, Maine, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington. A Florida court has held that gender identity may be protected under the state’s disability statute. Similarly, New York courts have allowed gender identity discrimination suits under the state’s sex discrimination prohibitions. The District of Columbia prohibits gender identity or expression discrimination.

State smoker status protection laws. Currently 29 states and the District of Columbia have laws that prevent employers from discriminating against employees for using tobacco products. They are California, Colorado, Connecticut, Illinois, Indiana, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Virginia, West Virginia, Wisconsin and Wyoming.

Although the laws vary from state to state, employers are generally prohibited from either refusing to hire or firing an employee for using any type of tobacco product during nonworking hours and off of the employer’s property. In three of these 29 states, there is no law related to employee tobacco use but smokers are protected under broader state statutes that prohibit employers from discriminating against an employee who engages in a lawful activity.

Marital status protection. It is against the law for employers to discriminate on the basis of marital status in 20 states and the District of Columbia. They are Alaska, California, Connecticut, Delaware, Florida, Hawaii, Illinois, Maryland, Michigan, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Oregon, Washington and Wisconsin.

State height and weight protection laws. Michigan is the only state that prohibits discrimination against individuals based on their height or weight. Some local ordinances also prevent discrimination based on height or weight, including ordinances in the District of Columbia and San Francisco.

Criminal record and arrest record laws. Wisconsin and Massachusetts have enacted laws that prohibit employers from using information about criminal convictions to make employment-related decisions. Several other states have enacted statutes that limit how employers may use criminal conviction information. Some state laws also prohibit inquiries about past arrest records.

Illegal Questions and Potential Alternatives

Age questions. You may ask about age to ensure that a person is old enough to work in the job (such as old enough to serve alcohol) or where age discrimination is permitted (such as in hazardous occupations) The following are some interview questions that you should NOT ask employees during interviews because they relate to age: • How old are you? • When were you born? • In what year were you born? • When did you turn ____ years of age?

• In what year did you graduate from college/high school? • How long do you plan to work before you retire?