Protected Criteria

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The page below is a sample from the LabCE course Preventing and Addressing Harassment and Discrimination in the Workplace (Employee-version). Access the complete course and earn ASCLS P.A.C.E.-approved continuing education credits by subscribing online.

Learn more about Preventing and Addressing Harassment and Discrimination in the Workplace (Employee-version) (online CE course)
Protected Criteria

The protected criteria vary from state to state and on the federal level. Generally speaking, harassment and discrimination based on the following criteria are illegal in the U.S. In addition, it is always unethical to discriminate based on these criteria. Note that your state may have additional protected criteria not listed here.
Employees are protected from harassment and discrimination based on their actual or perceived:
  • Race
  • Color
  • Religion
  • Sex, which includes biological sex as well as gender identity and gender expression
  • Sexual orientation
  • Marital status
  • National origin
  • Ancestry
  • Mental and physical disability
  • Medical condition, including current condition, past condition, and genetic disposition
  • Age
An individual need not be in the minority to be protected. Harassment and discrimination laws and ethics apply equally to men and women, individuals of religious faith and atheists, and married and unmarried people.
The Supreme Court has specifically upheld that sexual harassment and sexual discrimination do not need to be cross-gender. A man can be guilty of harassing a man; a woman may be guilty of harassing a woman.
Employees are protected from discrimination and harassment even when they are not yet employees. Individuals are legally protected from harassment and discrimination starting with the hiring process, including advertisements for the position, applications, screening, and interviews. Their protection continues through the term of their employment, including the conditions in which they work, as well as any decisions made regarding their promotion, transfer, termination, or separation. Employees cannot be denied access to training programs, apprenticeships, organizations, or unions, based on any of the protected criteria.