Job Aid: Federal Anti-harassment Laws

Purpose: Use this job aid to review the federal laws that prohibit discrimination and harassment in the workplace.

Table 1: Antidiscrimination laws
Law	Description
Americans with Disabilities Act, (ADA) as amended (ADAAA)	The ADAAA seeks to prevent discrimination against employees and job applicants with disabilities. The law provides that employees with physical or mental disabilities should be treated the same as the rest of the workforce, and that all applicants should have an equal chance for consideration. Wherever possible, organizations should accommodate disabled employees' needs to ensure a work experience that is comparable to their colleagues'. This includes making facilities accessible to people with disabilities.
Title VII of the Civil Rights Act of 1964	Title VII prohibits employers from discriminating against employees because of their race, color, religion, sex, and national origin. Harassment based on any of these characteristics is considered unlawful discrimination under Title VII.
Age Discrimination of Employment Act (ADEA)	The ADEA aims to prevent discrimination against people age 40 and over. The law demands equality for older employees and job applicants.

People who are likely to suffer discrimination or harassment are recognized as members of protected classes and protected by federal law. There are six characteristics that define these classes.

Table 2: Protected classes
Characteristic	Description
Race	Race discrimination includes telling racial jokes, using inappropriate epithets, or posting racially offensive pictures or images.
Gender	Gender harassment includes jokes, hazing, or other harassing actions that are based on sex, gender stereotypes, or pregnancy. Both men and women can be victims of gender harassment. Harassment against an individual because that person is transgender is known as gender identity harassment.
Religion	Religious harassment includes jokes, derogatory comments, or offensive pictures that are based on an employee's belief system or lack of one.
National origin	National origin harassment occurs when an employee is subjected to harassing behavior because of his or her ethnic ancestry or traits linked to ethnicity, such as accent or cultural identity.
Age	Age harassment occurs when an individual 40 years or older is subjected to offensive comments, jokes, or stereotypes on the basis of his or her age.
Disability	Disability discrimination occurs when a disabled person is put in a less favorable setting more frequently than other people doing the same job or when he or she is subjected to name-calling or teasing because of his or her disability.

Course: Workplace Harassment Prevention for Managers, State of New York
Topic: More Information