Protected Class

Protected class is a term used in antidiscrimination law to describe the groups of persons provided protection against discrimination. The protections against discrimination are provided by a number of federal, state, and local laws. The federally protected classes were initially race, color, national origin, and sex. Additional protected classes have since been created, including age (being over the age of 40), disability, and genetic information. Some state and local governments have added sexual orientation as a protected class. If a person is denied an opportunity or treated unfavorably solely because he or she is in a protected class, he or she will have a legal cause of action against the discriminating party.

The concept of protected class grew out of, and evolved from, federal law concerning employment discrimination. Some of the earliest protections were created under Title VII of the Civil Rights Act of 1964. This law prohibited discrimination based on race, color, religion, sex, or national origin, thereby providing protection to these classes. Other statutes have added to the protected classes. For example, the Age Discrimination in Employment Act of 1967 prohibits employment discrimination based on age.

Persons with disabilities became another protected class under the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. In the Genetic Information Nondiscrimination Act of 2008, Congress added genetic information as a protected class. Other federal laws provide discrimination protection to these classes in areas other than employment. Also, many states, counties, and local municipal governments have passed laws prohibiting discrimination and in some cases created additional protected classes (such as sexual orientation).