When drafting equal employment opportunity and anti-harassment policies, employers often list the protected classifications upon which they will not base unfavorable employment decisions. Federal law makes it unlawful to discriminate against employees based on race, color, national origin, religion, sex (including pregnancy and childbirth), sexual orientation, gender identity, disability, age, citizenship status, and genetic information in all 50 states. However, depending on the state in which its employee is working, an employer may have additional protected classes of which it needs to be aware.
For example, Michigan prohibits discrimination based on an employee’s height or weight. It also prohibits discrimination based on AIDS/HIV status (which arguably would be covered under disability, but a specific protection for AIDS/HIV status allows employees with one of those conditions to bring a discrimination claim without proving they are substantially limited in a major life activity). California includes reproductive health decision-making as a protected class. Illinois protects employees against discrimination based on unfavorable military discharge. New York prohibits discrimination based on an employee’s status as a victim of domestic violence. These are just a few examples of the many additional protections afforded under various state anti-discrimination laws.
Multistate employers often ask me how to draft equal employment opportunity policies given the myriad...
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