The right to earn a living free of discriminatory treatment is a cornerstone of federal employment law. Since the 1960s, federal law has progressively expanded to combat unfair prejudice, intolerance, and stereotypes against various groups.
Understanding these protected classes and their rights is crucial for federal employees to safeguard themselves from workplace prejudice.
This blog post will explain what federal employees should know about workplace discrimination and protected classes. We’ll cover the main groups protected by federal employment law, the limits of these protections, and some forms of non-protected class discrimination.
What Qualifies as a Protected Class Under Federal Employment Law?
The Equal Employment Opportunity Commission (EEOC) enforces federal employment law and aims to protect specific groups of people who have historically been the targets of prejudice in the workplace.
Title VII of the Civil Rights Act of 1963 (Title VII) is the primary source of these protections. However, several other federal laws govern protections for additional groups. These laws include the Age Discrimination Act, the Rehabilitation Act, the Genetic Information Nondiscrimination Act, the Equal Pay Act, and the Uniformed Services Employment and Reemployment Rights Act.
Altogether, these federal laws recognize and protect the following protected classes from workplace discrimination:
- Race,
- Religion,
- National origin,
- Sex or gender identity,
- Sexual orientation,
- Pregnancy status,
- Parental status,
- Age (if over 40),
- Disability,
- Genetic information, and
- Military status.
When federal employees face unfavorable treatment in the workplace because they belong to one of these groups, they may have grounds for a discrimination claim. Notably, an employee doesn’t have to be a minority within a class to receive legal protections.
For example, an agency that repeatedly promotes less-qualified female employees over qualified male employees can face penalties for sex discrimination.
Workplace harassment targeted at a government employee because of their actual or perceived membership in a protected class is also illegal under federal discrimination law.
What Is Not a Protected Class in the Federal Workplace?
Many people may face prejudice in the workplace because of their lifestyles, backgrounds, or physical traits. Unfortunately, not all of these people are protected by federal law.
Federal employees don’t have legal protections from workplace discrimination based on:
- Education level,
- Economic class,
- Height or weight,
- Criminal record,
- Immigration status, and
- Appearance.
Generally, agencies are allowed to base employment decisions on factors like these unless one of these factors intersects with another protected characteristic. For example, an agency that chooses not to hire someone because of their facial hair or clothing could violate Title VII if these features are part of the applicant’s religious practice.
Can You Have a Legal Claim for Harassment Not Based on a Protected Class?
Yes. A federal employee can face illegal harassment even if they are not a protected class member. Generally, there are two situations when federal employees may have grounds for a non-protected class discrimination claim: whistleblowing and employer retaliation. Let’s walk through what each of them involves.
Whistleblowing
Whistleblowers are federal employees who report illegal, unethical, or unsafe conduct in the workplace, including unlawful discrimination. An employee legally “blows the whistle” when they speak to an internal authority (e.g., HR, a manager) or external enforcing agency (i.e., the EEOC) about ongoing discrimination against a protected group.
Under federal law, it’s just as illegal to target a discrimination whistleblower with harassment or mistreatment as it is to engage in discrimination itself. This is the case even if the whistleblowing employee isn’t a member of the discriminated protected group.
For example, consider a 25-year-old USPS employee who hears a manager calling an elderly coworker derogatory and insulting names based on her age. After the young employee reports the incident to HR, the manager starts harassing and sabotaging their work.
Even though the young employee doesn’t fall into a legally protected class for age, the law still safeguards them from harassment as a whistleblower. They can file a complaint with the EEOC and may even seek compensation for their mistreatment.
Employer Retaliation
Retaliation happens when an agency punishes an employee for participating in certain legally protected activities. Federal laws specifically ban retaliation against employees who:
- Cooperate with internal or external investigations,
- Help organize a union,
- Request leave under the Family and Medical Leave Act,
- Participate in Merit System Protection Board hearings,
- Discuss wages with coworkers,
- Complain about unpaid overtime,
- Take legally entitled time off work to vote, or
- Refuse to participate in illegal conduct.
Illegal retaliation can take many forms, including termination, pay cuts, demotion, and general mistreatment.
Any federal employee can be the victim of employer retaliation, regardless of protected group status. If you face harassment after engaging in a protected activity, consult a federal employment lawyer as soon as possible.
Aaron D. Wersing: Dedicated Defender of Government Workers
No one deserves to have their opportunities to earn a living limited by prejudice and harassment. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we understand the stress and uncertainty that government workers feel when navigating potential discrimination.
That’s why we’ve made it our mission to help demystify the rights and legal protections federal employees enjoy in the workplace. Attorney Aaron D. Wersing has years of experience representing federal employees in disputes involving targeted harassment, discrimination, and retaliation.
He’s fought for hundreds of federal employees to get justice for their mistreatment, and he’s prepared to help you. Contact our office today to schedule a consultation and learn more.
Aaron Wersing, Attorney at Law
Aaron Wersing is the founder of the Law Office of Aaron D. Wersing. Mr. Wersing graduated from the Georgia State University College of Law with a Doctorate in Jurisprudence and was the recipient of the CALI Excellence for the Future Award. Mr. Wersing previously attended the University of Georgia, where he received a Bachelor of Business Administration degree in Accounting. Mr. Wersing is an active member of his local community. Mr. Wersing acts as a volunteer attorney with Houston Volunteer Lawyers, the pro bono legal aid organization of the Houston Bar Association. He is also a member of professional legal organizations such as the National Employment Lawyers Association and the American Inns of Court. To reach Aaron for a consultation, please call him at (833) 833-3529.
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