Under federal anti-discrimination laws, discrimination against employees based on age (40 or older), sex (including pregnancy, sexual orientation, and gender identity), race, color, national origin, disability, religion, and genetic information is prohibited for employers with 15 or more employees (20 for age discrimination). However, many state or local laws go above and beyond the federal requirements.
Some examples of categories that are protected in certain states include:
Connecticut: Homelessness
District of Columbia: Educational status
Indiana: Rehabilitated drug user status
Louisiana: Political activities
Massachusetts: Personal admission to a facility for mental health treatment
Michigan: Height and weight
Minnesota: Public assistance status
New Jersey: Unemployment status
Pennsylvania: Status as a GED holder (versus a high school diploma)
Washington: Credit history
Some other characteristics that are gaining more protection among states and localities include reproductive decisions, arrest records, medical marijuana cardholder status, victims of domestic violence, and breastfeeding status. Many large cities and counties also have additional employee protections, such as Miami Beach, FL, prohibiting height and weight discrimination.
In addition to unique classifications being protected that federal law does not address, some states and local governments offer more protection on top of existing federal law. For example, 16 states, including Florida and countless other cities/counties, prohibit age discrimination against employees and applicants under 40 years of age. Many locales, such as Delaware, California, and Miami-Dade County, also prohibit discrimination even if an employer has less than 15 employees. With these additional laws, states, cities, and counties may have their own local version of the Equal Employment Opportunity Commission (EEOC) which employees can file claims through if they feel they were discriminated against under the local laws.
While employment decisions such as hiring, promoting, and terminating are best to be grounded in reasons relevant to the job, employers should be aware of these state and local laws to ensure their actions cannot be seen as discriminatory.