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I choose to cover the whistle-blower laws because with these laws employees are able to go to HR about any conflicts without having to fear losing their job. This ensures that the conflict is solved and not avoided

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The Whistleblower Protection Programs | Whistleblower Protection Program

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OSHA's Whistleblower Protection Program enforces the whistleblower provisions of more than 20 whistleblower statutes protecting employees from retaliation for reporting violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, antitrust, and anti-money laundering laws and for engaging in other related protected activities.

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This covers how workplaces are not allowed to discriminate against anyone who is looking for or has a job with them for any reason. You cannot deny a person's work because of things like race, color, religion, national origin, sex, or pregnancy. This ensures that all people have equal opportunities to jobs and make a living for themselves

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Discrimination in the Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting discrimination against a job applicant or an employee during a variety of work situations including hiring, firing, promotions, training, wages and benefits.

Federal laws currently in place include:

These laws are the basis of how the EEOC enforces discrimination in the workplace. Court law interpretation and amendments to these laws are evolving.

Many of the state laws currently in place are similar in nature to federal civil rights laws, but may offer additional protections against employment-related discrimination. Almost all states have adopted discrimination laws related to employment, with protection against discrimination based on various factors, such as race, gender, age, marital status, national origin, religion or disability. If a state does not explicitly state their employment protections against discrimination, the individual who is reporting the discrimination would refer to federal law regarding the type of discrimination in question.

Harassment in the Workplace

Harassment in the workplace based on these protected classes is also prohibited under state and federal law. These protections prohibit harassment when it is so severe or pervasive that it creates a hostile work environment. According to the EEOC, "although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted)." Individuals who are harassed in the workplace based off these protected classes may be able to take legal action at the state level. If they are unable to because of their state regulatory structure, they may be able to go forward with a claim to the EEOC.

Below is a summary of current workplace protections in state law.

Affirmative action: Voluntary affirmative action policies are permitted.

Age discrimination: Employers can't discriminate based on age.

Military status discrimination (veterans' preference): Voluntary veterans' preference employment policies are permitted.

Pay discrimination (equal pay law): Effective Aug. 1, 2019, employers can't pay wage rates to employees of one sex or race that are lower than wage rates paid to employees of another sex or race for equal work that requires equal skill, effort, education, experience, and responsibility, subject to certain conditions.

Fair employment practices law: Employers can't discriminate based on race, religion, color, or national origin, which includes ancestry. They also can't discriminate based on age, physical or mental disability, sex, marital status, marital status changes, pregnancy, or parenthood, unless a distinction on that basis is required by business necessity or a position's reasonable demands.

Employers can defend against complaints of such discrimination by establishing that:

Discrimination means refusing to employ, barring from employment, or discriminating in compensation or terms, conditions, and privileges of employment. Employers also can't print or circulate statements, advertisements, or publications, use job applications, or make pre-employment inquiries that directly or indirectly express any actual or intended limitation, specification, or discrimination regarding a protected class, unless this restriction is based on a bona fide occupational qualification.

Employers and their employees can't aid, abet, incite, compel, or coerce unlawful discriminatory acts or try to do so. The opportunity to obtain employment without discrimination based on protected classes is considered a civil right.

Fair employment practices law: Employers generally can't discriminate based on race, color, religion, sex, age (40 and older), national origin, or disability. Specifically, employers can't fail or refuse to hire, discharge, or otherwise discriminate against employees and applicants in compensation or terms, conditions, or privileges of employment. They also can't limit, segregate, or classify employees and applicants in ways that could deprive them of employment opportunities or otherwise adversely affect their employment status. In addition, employers can't discriminate in admission to or employment in apprenticeship or other training programs.

Employers can't print or publish job notices or advertisements that indicate any preference, limitation, specification, or discrimination based on race, color, religion, sex, age, or national origin, except when religion, sex, age, or national origin is a bona fide occupational qualification for employment.

Employers can:

Employers can't discriminate based on race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity or expression, age (40 and older), sexual orientation, or military or veteran status, unless a permissible defense applies. Sex includes pregnancy, childbirth, breastfeeding, and related medical conditions. Specifically, employers can't refuse to hire, employ, or select for training programs leading to employment; bar or discharge from employment or training programs leading to employment; or discriminate in compensation or terms, conditions, and privileges of employment. They also can't discriminate based on perceived race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, age (40 and older), sexual orientation, or military or veteran status, and can't discriminate based on an association with people who belong or are perceived to belong to these protected classes.

Apprenticeship training programs, other training programs leading to employment, unpaid internships, and other limited-duration programs providing unpaid work experience can't discriminate in selection, termination, training, or other terms or treatment, unless a permissible defense applies.

Employers can't print or circulate publications or ask non job-related questions, verbally or through job applications, that directly or indirectly express any limitation, specification, or discrimination based on a protected class, unless a permissible defense applies. Employers can, however, ask about applicants' age or specify age limitations where legally required or permitted.

Employers must take reasonable steps to prevent and promptly correct unlawful discrimination and harassment. Employers can't aid, abet, incite, compel, or coerce unlawful discriminatory acts or try to do so.

Permissible defenses: Employers can discriminate if they can prove one of the following permissible defenses and show that less discriminatory alternatives aren't available:

Releases and nondisparagement agreements: Employers can't require employees to do either of the following in exchange for a raise or bonus or as a condition of employment:

Sign a release of a claim or right under the fair employment practices law. A release of a claim or right includes a statement that an employee doesn't have any claim or injury against an employer. It also includes a release of the right to file and pursue a civil action or complaint with, or to otherwise notify, a state agency, other public prosecutor, law enforcement agency, or any court or other government entity.

Sign a nondisparagement agreement or other document that appears to deny them the right to disclose information about unlawful or potentially unlawful acts in the workplace, including sexual harassment.

Any such release or agreement is unenforceable. These provisions don't apply to negotiated settlement agreements resolving claims under the fair employment practices law that employees filed with a court, administrative agency, or alternative dispute resolution forum or through their employer's internal complaint process. Settlement agreements are negotiated if they are voluntary, deliberate, and informed; they provide valuable consideration to employees; and employees are given notice and an opportunity to retain an attorney or are represented by an attorney.

Waivers: [Note: A federal district court granted a motion for a preliminary injunction that enjoins enforcement of the waiver provisions (2019 Cal. Stat. 711 (A.B. 51)), through a minute order issued Jan. 31, 2020, and confirmed Feb. 6, 2020. The court previously granted a motion for a temporary restraining order Dec. 29, 2019, prior to the law's Jan. 1, 2020, effective date (Chamber of Commerce of U.S. v. Becerra, 438 F. Supp. 3d 1078 (E.D. Cal. 2020).]

It is an unlawful employment practice, under the fair employment practices law, for an employer to violate Cal. Lab. Code § 432.6 (2019 Cal. Stat. 711 (A.B. 51)). That section prohibits employers from requiring employees or applicants to waive any right, forum, or procedure regarding violations of the California Labor Code or fair employment practices law. For more information, see "Agreements and Waivers" in California Labor Code Enforcement.

Corporate boards: By December 31, 2021, a publicly held domestic or foreign corporation whose principal executive offices are located in California must have a minimum of one director from an underrepresented community on its board. The corporation may increase the number of directors on its board to comply with this section. By December 31, 2022:

Directors from underrepresented communities must hold their seat for at least a portion of the calendar year to comply with these requirements.

Director from an underrepresented community means an individual who self-identifies as Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native, or who self-identifies as gay, lesbian, bisexual, or transgender. Publicly held corporation means a corporation with outstanding shares listed on a major United States stock exchange.

Cal. Corp. Code § 301.4 (2020 Cal. Stat. 316 (A.B. 979))

[Note: Effective September 11, 2021 (projected), this summary is affected by 2021 Colo. Laws H.B. 21-1108, as reported in the State L&E Developments Tracker. Editors will update the summary to reflect the new law.]

Fair employment practices law: Employers cannot discriminate against qualified employees or applicants based on:

Race includes hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race.

Sex discrimination includes discrimination based on pregnancy. Sexual orientation includes transgender status. BFOQ means a qualification that can be considered in hiring and retention decisions, is related to essential job duties, and is necessary to business operations.

Specifically, employers cannot refuse to hire, discharge, promote, demote, harass, or discriminate in compensation or terms, conditions, and privileges of employment. They also cannot print or circulate statements, advertisements, or publications, use job applications, or make pre-employment inquiries that directly or indirectly express any actual or intended limitation, specification, or discrimination, unless this restriction is based on a BFOQ or required by a government agency for security reasons.

Employers also cannot discriminate against qualified employees or applicants based on disability or another protected class in apprenticeship or other training programs, unless the disability cannot be reasonably accommodated, it significantly impacts their participation in these programs, and it actually disqualifies them from the programs. Specifically, employers cannot deny or withhold the right to admission or participation in the programs; discriminate against qualified employees or applicants in their pursuit of the programs; or discriminate against them in terms, conditions, and privileges of the programs. Employers also cannot print or circulate statements, advertisements, or publications, use program applications, or make program-related inquiries that directly or indirectly express any actual or intended limitation, specification, or discrimination, unless this restriction is based on a BFOQ.

Employers and their employees cannot aid, abet, incite, compel, or coerce unlawful discriminatory acts; obstruct or prevent anyone from complying with the fair employment practices law or related orders; or directly or indirectly try to commit those acts.

Separate provisions apply to discrimination based on crime victim status, employment conditions, gender identity, lawful activities, marital status, and pregnancy or related conditions.

Disability discrimination (service animals): This topic is covered in Colorado Disability Discrimination.

Colo. Rev. Stat. §§ 24-34-301, 24-34-401 to 24-34-402, 24-34-402.53 Colo. Code Regs. §§ 708-1-10.2, 708-1-20.3, 708-1-50.1, 708-1-60.1 to 708-1-60.3, 708-1-70.1 to 708-1-70.3, 708-1-80.1 to 708-1-80.8, 708-1-81.1 to 708-1-81.9, 708-1-85.1

Fair employment practices law: Employers can't discriminate based on race (including, effective March 4, 2021, traits historically associated with race such as hair texture and protective hairstyles), color, religious creed, age, sex, gender identity or expression, marital status, national origin, or ancestry; a present or past history of mental, intellectual, learning, or physical disabilities, including blindness; or veteran status. Discrimination based on sex includes discrimination related to pregnancy, childbearing capacity, sterilization, fertility, or related medical conditions. Specifically, employers can't refuse to hire or employ, bar or discharge from employment, or discriminate in compensation or terms, conditions, and privileges of employment, unless there is a bona fide occupational qualification or need. They also can't advertise employment opportunities in discriminatory ways, unless there is a bona fide occupational qualification or need. Discrimination includes segregation and separation. In addition, employers and employees can't aid, abet, incite, compel, or coerce unlawful discriminatory acts or try to do so.

Separate provisions apply to discrimination based on family responsibilities, genetic information, civil union status, and sexual orientation. Separate provisions also apply to discrimination based on pregnancy, which includes childbirth and related conditions such as lactation.

Conn. Gen. Stat. §§ 46a-51 (2021 Conn. Acts 21-2 (H.B. 6515)), 46a-60, 46a-79, 46a-81a, 46a-81c

Employment status discrimination: Separate provisions apply to discrimination based on employment status. For more information, see "Employment Status Discrimination" in this summary.

Interns: Employers can't discriminate against interns based on race, color, religious creed, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, or a present or past history of mental, intellectual, learning, or physical disabilities. Specifically, employers can't refuse to hire or allow people to intern, bar or discharge them from interning, or discriminate in the terms, conditions, and privileges of their internship, unless there is a bona fide occupational qualification or need. Employers also can't advertise internship opportunities in ways that unlawfully discriminate, unless there is a bona fide occupational qualification or need.

Interns are people who perform work for employers for training purposes if:

Conn. Gen. Stat. § 31-40y

Pregnancy discrimination (breastfeeding rights and sterilization): These topics are covered in Connecticut Pregnancy Discrimination.

Fair employment practices law: Employers can't discriminate based on race (including, effective April 13, 2021, traits historically associated with race, including hair texture and protective hairstyles), marital status, genetic information, color, age (40 and older), religion, sex (including pregnancy), sexual orientation, gender identity, or national origin, except as provided below. Specifically, employers can't fail or refuse to hire, discharge, or otherwise discriminate in compensation or terms, conditions, and privileges of employment. Pregnancy includes childbirth and related conditions such as lactation. They also can't limit, segregate, or classify employees in ways that could deprive them of employment opportunities or otherwise adversely affect their employment status. In addition, employers can't discriminate in admission to or employment in apprenticeship or other training programs.

Employers can make hiring and employment decisions based on religion, genetic information, age (40 and older), sex (including pregnancy), sexual orientation, gender identity, or national origin if any of these factors is a bona fide occupational qualification that is reasonably necessary to normal business operations; this BFOQ exception also applies to admission or employment in apprenticeship or other training programs. Employers also can apply different compensation standards or terms, conditions, and privileges of employment pursuant to bona fide seniority or merit systems, pursuant to systems that measure earnings by production quantity or quality, or to employees who work in different locations if these differences aren't caused by an intent to discriminate based on race, marital status, genetic information, color, age (40 and older), religion, sex (including pregnancy), sexual orientation, gender identity, or national origin.

Separate provisions apply to discrimination based on crime victim status, employment status, family responsibilities, and reproductive health decisions.

Disability discrimination: This topic is covered in Delaware Disability Discrimination.

Fair employment practices law: Employers can't discriminate based on a person's actual or perceived race, color, religion, national origin, sex, age (18 to 65), marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, political affiliation, credit information, or (effective Sept. 11, 2019) status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking, unless this discrimination can be justified by business necessity and they can show that it isn't intentionally unlawful. The business necessity exception only applies when employers can prove that it is essential to conducting business. It can't be justified by higher business costs, business efficiency, the characteristics or stereotypes of one group compared to another group, or the preferences of employers, co-workers, customers, or other people.

Specifically, employers can't:

Employers can't directly or indirectly prevent or try to prevent employees from complying with the discrimination prohibitions. Employers also can't aid, abet, invite, compel, or coerce unlawful discriminatory acts or try to do so. Practices that have the effect or consequence of violating the prohibitions are considered unlawful discriminatory practices. Employers can observe the conditions of bona fide seniority systems and bona fide employee benefit systems, such as retirement, pension, or insurance plans, that aren't a subterfuge for evading the prohibitions; however, these systems or plans don't excuse a failure to hire any applicant.

Pre-employment inquiries: Employers can't discriminate in pre-employment inquiries, including questions asked on job applications, in interviews, or during medical examinations. Questions that identify applicants' membership in a protected class can be treated as evidence of discrimination if there is no reasonable explanation for the questions. Employers can't require information from applicants of one protected class that isn't required from applicants of another protected class. Job applications must be processed and retained without regard to applicants' membership in a protected class.

Age-related inquiries must be limited to whether applicants are between age 18 and 65, unless otherwise provided by law. Employers can't require applicants to provide evidence of age or date of birth, unless age is a business necessity. Employers can't ask applicants to obtain their arrest record at their expense. Employers can't make medical inquiries or inquiries about the existence or severity of disabilities; however, they can ask about applicants' physical condition or past medical history if these inquiries are based on business necessity. If a physical condition's general characteristics would disqualify applicants from a job, employers can determine whether applicants' specific condition prohibits them from meeting safety or job performance requirements.

Employers can make pre-employment inquiries as needed for compliance with federal or District of Columbia affirmative action requirements, when taking remedial action to correct the effects of past discrimination, or when taking voluntary action to overcome the effects of conditions that limited employment opportunities for protected groups. They also can process and retain job applications for these and other lawful purposes.

Fair employment practices law: Employers can't discriminate based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. National origin includes ancestry. Specifically, employers can't:

Employers can take or fail to take any action based on religion, sex, pregnancy, national origin, age, handicap, or marital status if the action or inaction is justified by a bona fide occupational qualification that is reasonably necessary to job performance. Employers also can require physical and medical examinations for employees and applicants to determine their fitness for the job or position they hold or seek.

Employers can observe the terms of bona fide seniority systems, bona fide employee benefit plans (such as retirement, pension, or insurance plans), or systems that measure earnings by production quantity or quality if these terms aren't designed, intended, or used to evade the fair employment practices law. However, such employee benefit plans or systems that measure earnings can't be used to justify a failure to hire applicants based on factors unrelated to their job performance ability. Such seniority systems, employee benefit plans, or systems that measure earnings also can't be used to justify employees' involuntary retirement based on factors unrelated to their job performance ability. These provisions don't prohibit employers from rejecting applicants or discharging employees who fail to meet their bona fide job requirements.

Genetic information bias: This topic is covered in Florida Genetic Information Bias.

HIV status discrimination: Separate provisions apply to discrimination based on HIV status.

Employers can't discriminate based on race, sex, gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court records, or (effective July 2, 2019) reproductive health decisions. Sex includes pregnancy, childbirth, or related medical conditions. Ancestry includes national origin. Employers also can't discriminate against employees and applicants based on their status as victims of domestic or sexual violence if they notify employers, or employers have actual knowledge, of this status.

Specifically, employers can't:

However, employers can establish and maintain bona fide occupational qualifications that are reasonably necessary to their normal business operations and have a substantial relationship to job functions and responsibilities. Employers also can reject applicants or discharge employees for reasons related to their ability to perform their work.

The fair employment practices law doesn't affect the terms or conditions of employer-provided bona fide retirement, pension, employee benefit, or insurance plans that aren't intended to evade the law's purpose; however, this exception doesn't permit any employee plan to set a maximum age requirement for hiring or a mandatory retirement age. The law also doesn't affect the application of federal or Hawaii security regulations or rules to employment.

Employers and their employees can't aid, abet, incite, compel, or coerce unlawful discriminatory practices or try to do so.

Until Jan. 1, 2020, it is a violation of the fair employment practices law for employers to discriminate based on race, color, religion, national origin, ancestry, age (40 and older), sex, marital status, order of protection status, disability, military status, sexual orientation (including gender identity), pregnancy, or unfavorable discharge from military service, or citizenship status. Effective Jan. 1, 2020, it is a violation of the fair employment practices law for employers to discriminate or harass based on actual or perceived race, color, religion, national origin, ancestry, age (40 and older), sex, marital status, order of protection status, disability, military status, sexual orientation (including gender identity), pregnancy, or unfavorable discharge from military service, or citizenship status. Specifically, employers can't refuse to hire, segregate or otherwise discriminate in recruitment, hiring, promotions, renewal of employment, selection for training or apprenticeships, discharge, discipline, tenure, or terms, privileges, and conditions of employment.

Employers also can't aid, abet, compel, or coerce anyone to violate the fair employment practices law.

Employers can:

Illinois public policy prohibits unlawful employment discrimination based on protected classes. It also implements the right of employees and applicants with disabilities, under the state constitution, to be free from discrimination unrelated to ability in hiring and promotions. And it implements the right of employees and applicants, under the state constitution, to be free from discrimination based on race, color, creed, national ancestry, and sex in hiring and promotions.

Agreements and waivers:

Effective Jan. 1, 2020 (and applicable to agreements entered into, modified, or extended on or after that date), contracts, agreements, clauses, covenants, waivers, or other documents may not prohibit a current, prospective, or former employee from reporting any alleged unlawful conduct, including criminal conduct or unlawful employment practices, to federal, state, or local officials for investigation. An agreement, clause, covenant, or waiver, including a settlement or termination agreement, that waives the right of a current, prospective, or former employee to testify in an administrative, legislative, or judicial proceeding regarding an employer's alleged unlawful employment practices when required by a court order, subpoena, or written request from an administrative agency or legislature is void and unenforceable. An unlawful employment practice is any form of unlawful discrimination, harassment, or retaliation that is a violation of state or federal fair employment practices law. Employee includes nonemployees. For more information see "Coverage" in this summary.

Nondisclosure agreements and waivers: Effective Jan. 1, 2020 (and applicable to agreements entered into, modified, or extended on or after that date), any agreement, clause, covenant or waiver that is a unilateral condition of employment or continued employment is against public policy, void, and severable from an otherwise valid and enforceable contract if it:

prevents an employee from making truthful statements or disclosures about an alleged unlawful employment practice, or

requires an employee to waive, arbitrate, or diminish any existing or future claim, benefit, or right guaranteed by state or federal fair employment practices law.

A unilateral condition of employment or continued employment means any contract, agreement, clause, covenant or waiver an employer requires an employee to accept as a non-negotiable material term in order to obtain or retain employment.

An agreement, clause, covenant, or waiver that is a mutual condition of employment or continued employment may include such provisions if it is in writing, demonstrates actual, knowing, and bargained-for consideration from both the employee or prospective employee and the employer, and acknowledges the right of the employee or prospective employee to:

A mutual condition of employment or continued employment means any contract, agreement, clause, covenant, or waiver between an employer and an employee prospective employee negotiated in good faith for consideration in order to obtain or retain employment.

Failure to comply with these provisions establishes a rebuttable presumption that the agreement, clause, covenant, or waiver is a unilateral condition of employment or continued employment.

Settlement and termination agreements: Effective Jan. 1, 2020 (and applicable to agreements entered into, modified, or extended on or after that date), employers and current, prospective, or former employees may enter into a valid and enforceable settlement or termination agreement that includes confidentiality provisions related to unlawful employment practices, as long as:

confidentiality is the documented preference of the employee and is mutually beneficial to both the employee and employer;

the employer notifies the employee, in writing, of the right to have an attorney or representative of their choice review the agreement before it is executed;

there is valid, bargained-for consideration in exchange for the confidentiality;

the agreement doesn't waive any claims based on unlawful employment practices that occur after the execution of the agreement;

the agreement is provided, in writing, to the parties to the agreement;

the employee is provided with a period of 21 calendar days to consider the agreement prior to its execution, during which time the employee may knowingly and voluntarily waive any further time for consideration by signing the agreement; and

the employee is provided with a seven-day revocation period following the execution of the agreement, unless the employee knowingly and voluntarily waives this requirement. The agreement is not effective or enforceable until the end of the revocation period.

Employers may not unilaterally include a clause in a settlement or termination agreement that prohibits a current, prospective, or former employee from making truthful statements or disclosures regarding unlawful employment practices. Failure to comply with these requirements for settlement and termination agreements will render any confidentiality provisions as against public policy, void, and severable from an otherwise valid and enforceable agreement. The settlement and termination agreement provisions do not prevent mutually agreed-upon waivers or releases of the employee's right to seek or obtain any remedies related to unlawful unemployment practice claims that occurred before the agreement was executed.

The provisions on agreements and waivers do not limit an employer's ability to require the following individuals to maintain confidentiality of allegations of unlawful employment practices made by others:

If there is a conflict between a valid and enforceable collective bargaining agreement and these provisions on agreements and waivers, the collective bargaining agreement controls.

For information on penalties related to violations of the agreements and waivers provisions, see "Penalties/Remedies"in Illinois EEO Enforcement.

Employers can't discriminate based on race, religion, color, sex, disability, age (40 and older), national origin, or ancestry, unless there is a valid business necessity for this discrimination. Specifically, employers can't discriminate in hiring, selection for training or apprenticeships, termination, or other terms, conditions, and privileges of employment. They also can't limit, classify, or make distinctions among employees based on protected status categories. In addition, employers can't follow procedures or practices that result in discrimination.

Employers can't advertise or publicize notices or use job applications that directly or indirectly express any limitation, specification, or discrimination based on protected status categories, unless these restrictions are based on bona fide occupational qualifications. They also can't advertise, print, or publish job notices that contain age-related terms, such as "boy," "girl," "young," "retired person," and "college student," unless these terms reflect a bona fide occupational requirement.

Employers can't make pre-employment inquiries about an applicant's name, spouse's name, place of birth, or other questions that could indicate the applicant's race, religion, color, national origin, or ancestry. They also can't make pre-employment inquiries about an applicant's sex, unless sex is a bona fide occupational qualification or these inquiries are made for nondiscriminatory purposes.

Employers can't discriminate against employees and applicants based on race, color, religion, national origin, sex, or age (40 and older); because they are a qualified person with a disability; or because they are a smoker or nonsmoker (as long as they comply with any workplace smoking policy). Sex discrimination includes discrimination on the basis of pregnancy, childbirth, or related medical conditions (effective June 27, 2019, including lactation or the need to express breast milk for a nursing child). Specifically, employers can't fail or refuse to hire, discharge, or otherwise discriminate in compensation or terms, conditions, and privileges of employment;however, they can hire and employ based on religion or national origin if this factor is a bona fide occupational qualification that is reasonably necessary to normal business operations. Employers also can't limit, segregate, or classify employees in ways that could deprive them of employment opportunities or otherwise adversely affect their employment status.

Employers can't discriminate in admission to or employment in apprenticeship or other training programs based on race, color, religion, national origin, sex, age (40 and older), or a qualified person's disability; however, they can admit or employ based on religion or national origin if this factor is a BFOQ that is reasonably necessary to normal business operations.

Employers can't print or publish job notices or advertisements that indicate any preference, limitation, specification, or discrimination based on race, color, religion, national origin, sex, age (40 and older), or a qualified person's disability; however, such discrimination is permitted if religion, national origin, sex, age (40 and older), or disability is a BFOQ.

Employers can apply different compensation standards or terms, conditions, and privileges of employment pursuant to bona fide seniority or merit systems, pursuant to systems that measure earnings by production quantity or quality, or to employees who work in different locations if these differences aren't the result of an intention to discriminate based on race, color, religion, national origin, sex, or age (40 and older), or a qualified person's disability. They also can observe the terms of bona fide seniority systems or employee benefit plans, such as retirement, pension, or insurance plans, that aren't a subterfuge for evading the fair employment practices law; however, these plans don't excuse their failure to hire applicants.

Employers can't discriminate based on race, color, sex (including pregnancy and related medical conditions), sexual orientation (including gender identity and gender expression), physical or mental disability, religion, age, ancestry or national origin, previous assertions of workers' compensation claims or rights, previous reports of or refusals to commit illegal acts, or, effective Sept. 19, 2019, an employee's gender identity, perceived protected class status, or known relationship or association with a member of a protected class, unless a bona fide occupational qualification (BFOQ)exists. [Note: Effective Sept. 19, 2019, unlawful discrimination includes discrimination on the basis of sexual orientation or gender identity; however, the definition of sexual orientation also includes gender identity and gender expression].

Specifically, employers can't:

Effective Sept. 19, 2019, employers can't:

Under the very narrow BFOQ exception, employers must prove that a discriminatory practice is essential to their business operations and that a factual basis exists for believing the job can't be safely or efficiently performed by all or substantially all persons in the excluded group.

Employers also can make records about employees, after hiring them, if these records are intended and used only for good-faith identification purposes and aren't used for unlawful discrimination.

No person (as defined in Me. Rev. Stat. Ann. tit. 5, § 4553) can:

Pre-employment: Prior to employment, employers can't:

ask or try to ask for information that is directly or indirectly related to applicants'protected status, including through questions asked on job applications, in interviews, and of references or former employers;

make or keep records of applicants' protected status (privileged records of physical or mental disability are permitted in connection with mandatory, pre-employment physical or mental examinations if they are made and kept in compliance with legal requirements);

use job applications with questions or entries that are directly or indirectly related to applicants' protected status;

print or publish job notices or advertisements indicating preferences, limitations, specifications, or discrimination based on protected status;

write, print, or circulate interoffice communications, job orders, advertisements, brochures, or notices that directly or indirectly express preferences or specifications based on protected status, unless these communications are made pursuant to corrective employment programs such as affirmative action plans;

establish, announce, or follow a policy of denying or limiting any group's employment opportunities based on protected status (for example, through quotas); or

request information from members of one protected status group that isn't requested from members of another group.

Employers can't deny equal consideration for employment, promotion, or other terms, conditions, and privileges of employment to employees and applicants because they refused to answer prohibited pre-employment inquiries.

Employers can:

Effective on or about Sept. 17, 2019, if an employer directly or indirectly inquires about an applicant's compensation history, from the applicant or the applicant's current or former employer, or otherwise seeks an applicant's compensation history information, such actions constitute evidence of unlawful employment discrimination under the fair employment practices law, unless:

Employers can't discriminate based on race, color, creed, religion, national origin, sex, marital status, public assistance status, familial status, membership or activity in local commissions, disability, sexual orientation, or age, unless this discrimination is justified by a bona fide occupational qualification (BFOQ). Local commissions are city or county agencies that deal with discrimination based on race, color, creed, religion, national origin, sex, marital status, public assistance status, familial status, disability, sexual orientation, or age. Specifically, employers can't refuse to hire applicants; maintain employment systems that unreasonably exclude applicants; discharge employees; or otherwise discriminate in hiring, tenure, compensation, upgrading, facilities, or other terms, conditions, and privileges of employment.

Employers can't publish job advertisements that indicate preferences, limitations, specifications, or discrimination based on race, color, creed, religion, national origin, sex, marital status, public assistance status, familial status, disability, sexual orientation, or age, unless a BFOQ exists. They also can't ask or require applicants to provide information related to these protected classes, unless a BFOQ exists or the information is legally required. In addition, employers can't seek and obtain such information from any source for employment decision purposes, unless a BFOQ exists or the information is legally required.

The discrimination provisions don't apply to bona fide seniority systems that mandate differences in areas such as wages, hiring, layoffs, vacation credit, and job assignments if such systems aren't for the purpose of evading the fair employment practices law. Employing one person in place of another also isn't, by itself, evidence of unfair discriminatory practices.

No person (as defined in Minn. Stat. § 363A.03) can:

Employers can't discriminate based on race, color, religion, national origin, sex, ancestry, age (40 to 69), or disability. Specifically, employers can't:

Unlawful discrimination occurs when employees'and applicants' protected class is the motivating factor for an adverse decision or action. Their protected class is the motivating factor if it actually plays a role in and has a determinative influence on the adverse decision or action.

Employers also can't aid, abet, incite, compel, or coerce unlawful discriminatory acts or try to do so.

Employers can apply different compensation standards and different terms, conditions, or privileges of employment pursuant to bona fide seniority or merit systems, pursuant to systems that measure earnings by production quantity or quality, or to employees who work in different locations if these differences or systems aren't intended, designed, or used to discriminate based on a protected class.

Recruiting practices: Employers can't publish, print, circulate, or display job-related advertisements or notices:

in a column that is segregated based on a protected class or under a column heading that directly or indirectly expresses any preference, specification, or limitation based on a protected class; or

where the language expresses any limitation, specification, discrimination, or preference based on a protected class, unless this restriction relates to religion, national origin, or sex and is a BFOQ.

Job advertisements or notices must use gender-neutral job titles if possible or include their opposite-sex counterpart or the "M/W" designation, unless sex is a BFOQ.

Employers have the burden of establishing that religion, national origin, or sex is a BFOQ. The BFOQ exception can't be based on stereotypes; customer, client, coworker, or employer preferences;traditions or customs; or the need to provide separate restrooms or dressing rooms. Employers can ask the Missouri Commission on Human Rights for an opinion on whether religion, national origin, or sex is a BFOQ for a particular job that they intend to advertise.

Fair employment practices law: Employers can't discriminate based on race, creed, religion, color, national origin, age, physical or mental disability, marital status, or sex(including pregnancy), unless a position's reasonable demands require distinctions based on age, physical or mental disability, marital status, or sex. Specifically, employers can't refuse to hire or employ;bar or discharge from employment; select for, or bar or discharge from training programs leading to employment; or otherwise discriminate in compensation or terms, conditions, and privileges of employment. Employers also can't exclude or expel employees and applicants from apprenticeship or other training programs or otherwise discriminate against them with respect to these programs.

The reasonable demands of a position based on age, marital status, or sex are construed under the same legal standards as bona fide occupational qualifications under the federal Civil Rights Act (42 U.S.C. § 2000e-2(e)) and federal Age Discrimination in Employment Act (29 U.S.C. § 623(f)). The reasonable demands of a position based on physical or mental disability are construed under the same legal standards for determining whether someone is a "qualified individual with a disability" under the federal Americans with Disabilities Act (42 U.S.C. § 12111(8)). These exceptions to the fair employment practices law are affirmative defenses and, if employers claim them, they have the burden of proving that the exceptions apply.

No person (as defined in Mont. Code Ann. § 49-2-101) can:

aid, abet, incite, compel, or coerce any acts prohibited by the fair employment practices law, or attempt to do so; or

willfully resist, prevent, impede, or interfere with the Montana Human Rights Commission, the Montana Department of Labor and Industry, or any authorized representatives in the performance of their duties under the fair employment practices law.

Pre-employment inquiries: Employers can't print or circulate statements, advertisements, or publications or use job applications that directly or indirectly express any limitation, specification, or discrimination based on protected status categories, unless these distinctions are based on bona fide occupational qualifications. Pre-employment inquiries that elicit information about protected status categories can be considered unlawful discrimination, unless they:

Employers can't discriminate based on race (including, effective June 2, 2021, traits associated with race, including hair texture and protective hairstyles), color, religion, sex (including pregnancy, childbirth, and related medical conditions), sexual orientation, gender identity or expression, age (40 and older), disability, or national origin, unless religion, sex, sexual orientation, gender identity or expression, age (40 and older), national origin, or physical, mental, or visual condition is a bona fide occupational qualification that is reasonably necessary to normal business operations. Specifically, employers can't fail or refuse to hire applicants, discharge employees, or otherwise discriminate in compensation or terms, conditions, and privileges of employment. They also can't limit, segregate, or classify employees in ways that deprive them of employment opportunities or otherwise adversely affect their employment status. In addition, employers can't discriminate in admission to or employment in apprenticeship or other training programs.

Employers can't print or publish job notices or advertisements that indicate any preference, limitation, specification, or discrimination based on a protected class, unless religion, sex, sexual orientation, gender identity or expression, age (40 and older), national origin, or physical, mental, or visual condition is a bona fide occupational qualification.

Employers can reject applicants and reject or discharge employees from a position if it is subject to certain national security requirements, or involves access to premises that are subject to these requirements, and they don't meet the requirements. Employers also can apply different compensation standards and different terms, conditions, or privileges of employment pursuant to bona fide seniority or merit systems, pursuant to systems that measure earnings by production quantity or quality, or to employees who work in different locations if these differences aren't the result of an intention to discriminate based on a protected class.

Agreements and waivers (testimony): Effective May 21, 2021, provisions of contracts or settlement agreements entered into or after May 21, 2021, are void and unenforceable if they restrict a party to the agreement from testifying at a judicial or administrative proceeding when required or requested by court order, lawful subpoena, or written request by an administrative agency, and the judicial or administrative proceeding concerns another party to the agreement's:

Employers can't discriminate based on age, sex, gender identity, race, color, marital status, physical or mental disability, religious creed, national origin (including ancestry), or sexual orientation. Specifically, employers can't refuse to hire or employ, bar or discharge from employment, or discriminate in compensation or terms, conditions, and privileges of employment, unless this discrimination is based on a bona fide occupational qualification (BFOQ).

Employers also can't print or circulate statements, advertisements, or publications, use job applications, or make employment-related inquiries or records that directly or indirectly express any:

actual limitation, specification, or discrimination based on age, sex, gender identity, race, color, marital status, physical or mental disability, religious creed, national origin, or sexual orientation, unless a BFOQ applies; or

intended limitation, specification, or discrimination based on age, sex, race, color, marital status, physical or mental disability, religious creed, national origin, sexual orientation, or effective October 15, 2019, gender identity, unless a BFOQ applies.

However, employers can inquire into and keep records on applicants' existing or pre-existing physical or mental conditions after offering them employment.

The opportunity to obtain employment without discrimination based on protected classes is considered a civil right.

Fair employment practices law: Employers generally can't discriminate based on:

Discriminate means refusing to hire or employ; barring or discharging from employment; requiring retirement, unless justified by lawful considerations other than age;or discriminating in compensation or terms, conditions, and privileges of employment. It doesn't include discrimination based on competence, performance, conduct, or other reasonable standards. The opportunity to obtain employment without discrimination-based on race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, disability, liability for service in the U.S. armed forces, nationality, sex, or gender identity or expression-is considered a civil right.

Employers also can't directly or indirectly express any actual or intended limitation, specification, or discrimination based on protected classes in printed or circulated statements, advertisements, or publications or in job applications or pre-employment inquiries, unless this restriction is based on a bona fide occupational qualification. However, this prohibition doesn't apply to genetic information, atypical hereditary cellular or blood trait, a refusal to submit to a genetic test, or a refusal to make genetic test results available.

No person (as defined in N.J. Stat. Ann. § 10:5-5)can aid, abet, incite, compel, or coerce unlawful discriminatory acts or attempt to do so.

Nondisclosure agreements (effective March 18, 2019): Any provision in an employment contract or settlement agreement that has the purpose or effect of concealing the details of a discrimination, retaliation, or harassment claim is unenforceable against a current or former employee who is a party to the contract or agreement. Such provisions also are unenforceable against an employer if the current or former employee publicly reveals details of the claim that are sufficient to make the employer reasonably identifiable. Every settlement agreement resolving a discrimination, retaliation, or harassment claim by an employee against an employer must include a bold, prominently-placed notice indicating that although the parties may have agreed to keep the settlement and underlying facts confidential, such a provision is unenforceable against an employer if the employee publicly reveals details of the claim that are sufficient to make the employer reasonably identifiable. [Note: The fair employment practices law's provisions on nondisclosure agreements apply to contracts and agreements entered into, renewed, modified, or amended on or after March 18, 2019 (2019 N.J. Laws 39 (S.B.121), § 6). They don't prohibit employers from requiring employees to sign noncompetition agreements or agreements prohibiting employees from disclosing proprietary information (2019 N.J. Laws 39 (S.B.121), § 2).]

Waivers: Employers can't require employees and applicants to waive any of the protections provided by the fair employment practices law. Effective March 18, 2019, any provision in an employment contract that waives any substantive or procedural right or remedy regarding a discrimination, retaliation, or harassment claim is unenforceable. Effective March 18, 2019, such rights and remedies under the fair employment practices law, or any other statute or case law, also can't be prospectively waived. [Note: The fair employment practices law's provisions on waivers apply to employment contracts entered into, renewed, modified, or amended on or after March 18, 2019, excluding collective bargaining agreements (2019 N.J. Laws 39 (S.B.121), §§ 1, 6).]

[Note: Effective July 1, 2021, this summary is affected by 2021 N.M. S.B. 80, as reported in the State L&E Developments Tracker. Editors will update the summary to reflect the new law.]

Employers can't discriminate against otherwise qualified employees and applicants based on race, age, religion, color, national origin, ancestry, sex, physical or mental handicap, serious medical condition, spousal affiliation, sexual orientation, gender identity, or, effective May 20, 2020, pregnancy, childbirth, and related conditions, unless such discrimination is based on a bona fide occupational qualification or another statutory prohibition. Specifically, they can't refuse to hire applicants, discharge employees, or discriminate in promotions, demotions, compensation, or terms, conditions, and privileges of employment. Employers also can't refuse to admit or employ anyone in apprenticeship or other training programs based on race, religion, color, national origin, ancestry, sex, physical or mental handicap, serious medical condition, spousal affiliation, sexual orientation, gender identity, or, effective May 20, 2020, pregnancy, childbirth, and related conditions.

Employers and other people (as defined in N.M. Stat. Ann. § 28-1-2)can't print or circulate statements, advertisements, or publications, use job applications, or make pre-employment inquiries that directly or indirectly express any limitation, specification, or discrimination based on race, religion, color, national origin, ancestry, sex, physical or mental handicap, serious medical condition, spousal affiliation, sexual orientation, gender identity, or, effective May 20, 2020, pregnancy, childbirth, and related conditions, unless such restriction is based on a bona fide occupational qualification.

Employers and other people (as defined in N.M. Stat. Ann. § 28-1-2)can't aid, abet, incite, compel, or coerce unlawful discriminatory practices or attempt to do so. They also can't willfully obstruct or prevent anyone from complying with the fair employment practices law or resist, prevent, impede, or interfere with the New Mexico Human Rights Commission or any of the commission's members, staff, or representatives in the performance of their duties under the fair employment practices law.

Agreements and Waivers: Employers can't, as a term of employment, require employees to sign a nondisclosure provision of a settlement agreement related to employees' claims of sexual harassment, discrimination, or retaliation in the workplace or at a work-related event coordinated by or through the employer. Confidentiality provisions in such settlement agreements are void and unenforceable as a mater of law, unless the confidentiality provision:

For more information on state sexual harassment prohibitions, see New Mexico Sexual Harassment.

Employers cannot discriminate based on race, color, religion, sex, national origin, age (40 and older), physical or mental disability, marital or public assistance status or participation in lawful activities off employer premises during nonwork hours (if these activities do not directly conflict with employers' essential business-related interests). Specifically, employers cannot fail or refuse to hire applicants, discharge employees or otherwise discriminate in hiring, training, apprenticeships, tenure, promotions, upgrading, compensation, layoffs or terms, privileges and conditions of employment. Employers and their employees or agents also cannot directly or indirectly advertise or otherwise indicate or publicize that persons of a particular protected status category are unwelcome, objectionable, unacceptable or not solicited.

Employers can reject applicants and discharge employees:

Employers also can apply different compensation standards or terms, conditions and privileges of employment pursuant to bona fide seniority or merit systems, pursuant to systems that measure earnings by production quantity or quality or to employees who work in different locations if these differences are not intended to discriminate based on protected status categories.

Employers can't discriminate based on race, color, religion, sex, military status, national origin, disability, age (40 and older) or ancestry. Specifically, employers can't discriminate in hiring, termination, selection for training or apprenticeships or other terms, conditions and privileges of employment.

Employers can't ask on job applications or otherwise try to elicit information about employees' and applicants' protected class status, unless there is a bona fide occupational qualification certified in advance by the Ohio Civil Rights Commission. The same prohibition applies to job advertisements. Employers also can't make pre-employment inquiries regarding sex, unless sex is a bona fide occupational qualification. In addition, employers can't use quota systems to discriminate, unless there is a bona fide occupational qualification certified in advance by the Ohio Civil Rights Commission.

Employers can inquire into applicants' ability to perform job-related functions with or without reasonable accommodations and without significant danger to their own safety or the safety of their co-workers, the public or their work facility. Employers can require applicants, who were offered a job but haven't begun employment, to undergo medical examinations to determine whether they can perform their essential job functions with or without reasonable accommodations and without significant danger to their own safety or the safety of their co-workers, the public or their work facility. Employers also can require applicants, who were offered a job but haven't begun employment, to undergo medical examinations for health records, preventive medicine programs or other valid reasons.

[Note: Effective January 1, 2022, this summary is affected by 2021 Or. Laws HB 2935, as reported in the State L&E Developments Tracker. Editors will update the summary to reflect the new law.]

Employers can't discriminate based on race, religion, color, sex, sexual orientation, marital status, familial status, national origin, age (18 and older), disability or expunged juvenile records, unless this discrimination is justified by bona fide occupational qualifications (BFOQs). Specifically, they can't fail or refuse to hire or employ; bar or discharge from employment;or discriminate in compensation or terms, conditions and privileges of employment. Employers also can't discriminate based on a perception that a person is a member of a protected class or based on a person's association with another person who is a member of a protected class. In addition, employers can't discriminate when making selections for apprentice or training programs; however, they can limit selections to persons who can complete the required training before they reach age 70.

Employers can't express any form of discrimination in job advertisements, job applications or pre-employment inquires, unless this discrimination is justified by BFOQs. Employers can identify employees based on race, religion, color, sex, national origin, marital status or age, unless the Oregon Bureau of Labor and Industries determines that such identification is discriminatory.

Nondisclosure agreements (operative Oct. 1, 2020) : It is an unlawful employment practice for employers to enter into an agreement with an employee or prospective employee conditioned on employment, continued employment, promotion, compensation, or receipt of benefits if the agreement contains a nondisclosure provision, nondisparagement provision, or any other provision that has the purpose or effect of preventing the employee from disclosing or discussing discriminatory conduct prohibited by the fair employment practices law, including sexual assault. The rest on such nondisclosure agreements covers conduct between employees that occurred in the workplace or at a work-related event coordinated by the employer, and conduct between the employer and an employee on or off the employment premises. The restrictions don't apply to employees who are tasked by law to receive confidential or privileged reports of discrimination, sexual assault, or harassment. For purposes of the nondisclosure agreement restrictions, sexual assault means unwanted conduct of a sexual nature that is inflicted upon a person or compelled through the use of physical force, manipulation, threat or intimidation.

An employer may enter into a settlement, separation, or severance agreement with an employee containing a nondisclosure provision as described above, a provision prohibiting disclosure of factual information related to a sexual assault or discrimination claim, or a no-rehire provision if:

the employee claims to be aggrieved by prohibited discriminatory conduct and requests to enter such an agreement, the agreement provides that the employee has at least a seven-day period to revoke the agreement after execution, and the agreement isn't effective until after the revocation period has expired; or

the employer makes a good faith determination that the employee has engaged in prohibited discriminatory conduct.

Workers' compensation: Employers can't discriminate against employees and applicants because they apply for workers' compensation benefits; otherwise invoke or use procedures under Oregon's workers' compensation system; or testify, are about to testify or are perceived to have testified under Oregon workers'compensation law. Specifically, employers can't refuse to hire or promote; bar or discharge from employment; or discriminate in tenure, compensation or terms, conditions and privileges of employment. Invoke includes reporting on-the-job injuries and employers' perception that employees were injured on the job or will report these injuries. Employers and their employees can't aid, abet, incite, compel or coerce anyone to commit these discriminatory acts or try to do so.

When calculating absenteeism rates for disciplinary purposes, employers can't count absences caused by compensable on-the-job injuries if they are covered by time-loss compensation or are medically certifiable by physicians or physician's assistants who treated them.

Fair employment practices law: Employers can't discriminate based on race, color, religious creed, ancestry, age (40 and older), sex, national origin, a nonjob-related handicap or disability, or the use of a guide or support animal because of blindness, deafness, or a physical handicap, unless this discrimination is based on a bona fide occupational qualification (BFOQ) or applicable federal or state security regulations. Specifically, employers can't discriminate against employees, applicants, and independent contractors who are the best able and most competent people to perform required services. Discrimination includes refusing to hire, employ or contract with; barring or discharging from employment; segregating;discriminating in compensation, hiring, or tenure; and discriminating in terms, conditions, and privileges of employment or contracts.

Employers can request a BFOQ interpretation from the Pennsylvania Human Relations Commission. BFOQs have limited scope and application, and are permitted only when employers can prove a factual basis for believing that all or substantially all members of a protected class would be unable to safely and efficiently perform the job duties; otherwise applicants only can be excluded upon showing that they are unable to perform the job. Race, color, religious creed, ancestry, age, sex and national origin are valid BFOQs only if they are reasonably necessary to essential, normal business operations. Employers have the burden of establishing that these protected status categories qualify as BFOQs, and can't apply the BFOQ exception based on reasons such as:

Employers can't commit certain discriminatory practices prior to hiring employees or contracting with independent contractors, unless this discrimination is based on a BFOQ or applicable federal or state security regulations. Specifically, employers can't:

Employers can ask applicants about their ability to perform essential job functions. After extending an employment offer, employers can ask applicants if they have handicaps or disabilities and ask them about the severity of these handicaps or disabilities.

Employers and their employees can't aid, abet, incite, compel, coerce, or directly or indirectly try to commit unlawful discriminatory practices. They also can't obstruct or prevent anyone from complying with the fair employment practices law or orders issued under the law.

Employers can't, without good cause, discriminate against employees and applicants:

Specifically, employers can't fail or refuse to hire or rehire applicants, discharge or lay off employees or otherwise discriminate in salary, wages, pay, compensation or terms, rank, conditions and privileges of employment. Employers also can't limit or classify employees in ways that could deprive them of employment opportunities or affect their employment status. In addition, employers can't discriminate in admission to or employment in apprenticeship or other training programs based on advanced age, race, color, sex, marital status, sexual orientation, gender identity, social origin or condition, political affiliation, political or religious beliefs; being a victim or perceived victim of domestic violence, sexual aggression or stalking; or being a current or former member of the military, serving or having served in the U.S. armed forces or displaying signs of veteran status.

Employers can't, without good cause, publish or circulate job advertisements, notices or other communications that directly or indirectly deny employment opportunities or set limitations based on protected status categories.

Fair employment practices law: Employers can't discriminate against employees or applicants based on race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or ancestry. Specifically, employers can't:

Harassment on the basis of an individual's membership in a protected class is also prohibited. The Rhode Island Human Rights Commission accepts, investigates, and determines complaints of harassment based on a protected class by applying the same principles it uses for sexual harassment complaints. For more information, see Rhode Island Sexual Harassment.

RICRA: Employers can't discriminate based on race, color, religion, sex, disability, age or ancestry under Rhode Island's Civil Rights Act.

Fair employment practices law: Employers can't discriminate based on race, religion, color, sex, national origin, or disability. Sex includes pregnancy, childbirth, and related medical conditions such as lactation. National origin includes ancestry. Employers also can't discriminate on the basis of age (40 and older), unless age is a bona fide occupational qualification (BFOQ)that is reasonably necessary to normal business operations.

Specifically, employers can't fail or refuse to hire, bar or discharge from employment, or otherwise discriminate in compensation or terms, conditions, and privileges of employment. They also can't limit, segregate, or classify employees and applicants in ways that could deprive them of employment opportunities or otherwise adversely affect their employment status. In addition, employers can't discriminate in admission to or employment in apprenticeship or other training programs based on race, religion, color, sex, national origin, or disability.

Employers can't print or publish job-related notices or advertisements that indicate any preference, limitation, specification, or discrimination based on race, color, religion, sex, national origin, or disability, unless religion, sex, or national origin is a BFOQ. Employers can't print or publish such notices or advertisements indicating any preference, limitation, specification, or discrimination based on age.

Employers can:

Employers can't discriminate based on race, creed, color, religion, sex, age (40 and older), or national origin. Specifically, they can't fail or refuse to hire, discharge, or discriminate in compensation or terms, conditions, and privileges of employment. Employers also can't limit, segregate, or classify employees or applicants in ways that could deprive them of employment opportunities or adversely affect their employment status. In addition, employers can't discriminate in admission to or employment in apprenticeship or other training programs.

Job advertisements and notices can't be segregated based on race, color, religion, national origin, or sex, nor can they express any overt or subtle preference, specification, or limitation related to these factors. However, preferences, specifications, and limitations related to religion, national origin, or sex are permitted if they are justified by a bona fide occupation qualification. Job advertisements and notices that contain a job title or description must use sex-neutral terms, the designation "M/W," or both the non-neutral term and its counterpart.

Tennessee regulations adopt and incorporate by reference the federal Equal Employment Opportunity Commission's guidelines on religious and sex discrimination and on employment testing.

Fair employment practices law: Employers can't discriminate based on race, color, disability, religion, sex, national origin (including ancestry), or age (40 and older), unless a distinction on that basis is required by business necessity or a bona fide occupational qualification (BFOQ), except that race and color can't be considered BFOQs. Sex includes pregnancy, childbirth, and related medical conditions.

[Note: The Texas Court of Appeals, Fifth District found that under the fair employment practices law, prohibited discrimination on the basis of sex includes discrimination based on sexual orientation or gender identity. Tarrant Cnty. Coll. Dist. v. Sims, No. 05-20-00351-CV, 2021 BL 85983, 5 (Tex. Ct. App. Mar. 10, 2021).]

Specifically, employers can't:

fail or refuse to hire applicants, discharge employees, or otherwise discriminate in compensation or terms, conditions, and privileges of employment;

limit, segregate, or classify employees or applicants in ways that deprive or tend to deprive them of employment opportunities or adversely affect their employment status;

print or publish employment notices or advertisements that indicate a preference, limitation, specification, or discrimination, and concern an employee's status, employment, or admission to, or membership or participation in a labor union or training or retraining program;

discriminate in admission to apprenticeship or other training programs, unless the program is provided under an affirmative action plan approved under federal or state law;

adjust the scores of, use different cutoff scores for, or otherwise alter the results of employment-related tests related to selection or referral for employment or promotion;

willfully interfere with the Texas Workforce Commission's Civil Rights Division in the performance of its duties or exercise of its powers;

wilfully obstruct or prevent compliance with the fair employment practices law, or any rules or court orders issued under it; or

aid, abet, incite, or coerce a person to engage in an unlawful discriminatory practice.

Employers can:

Seniority systems that are adopted for intentionally discriminatory purposes violate the fair employment practices law when the system is adopted, employees become subject to the system, or employees are injured by the application or provisions of the system.

Employers that employ one person in place of another don't commit unlawful discrimination unless other evidence of discriminatory practices exists.

Court-ordered remedies and affirmative action and conciliation agreements aren't affected by the fair employment practices law.

Fair employment practices law: Under the fair employment practices law, employers cannot discriminate based on race, color, sex, pregnancy, childbirth, pregnancy-related conditions, age (40 and older), religion, national origin, disability, sexual orientation, or gender identity. Specifically:

Employers can terminate employment if employees cannot physically, mentally, or emotionally perform their required job duties, with or without reasonable accommodation. Employers also can hire and employ anyone based on religion, sex, pregnancy, childbirth, pregnancy-related conditions, age (40 and older), national origin, disability, sexual orientation, or gender identity if these characteristics are BFOQs that are reasonably necessary to normal business operations. In addition, employers can give employment preference to certain family members; anyone who they are or would be financially supporting in the event of unemployment; anyone for whom they provided a majority of total financial support during the past six months; and anyone for whom they substantially financed education or training for at least two years.

Utah Code Ann. §§ 34A-5-102, 34A-5-106 (see Smart Code®for the latest cases), 34A-5-109 , 34A-5-112, 34A-11-102

[Note: Effective July 1, 2021, this summary is affected by 2021 Va. Laws 12 (HB 1848), as reported in the State L&E Developments Tracker. Editors will update the summary to reflect the new law.]

Fair employment practices law: It is an unlawful employment practice for employers with 15 or more employees to discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation, age (40 or over), veteran status, or national origin. Discrimination on the basis of race includes discrimination on the basis of traits historically associated with race, including hair texture, hair type, and protective hairstyles.

Specifically, it is unlawful for employers to fail or refuse to hire, discharge, or otherwise discriminate in compensation, terms, conditions, or privileges of employment. It is also unlawful for employers to limit, segregate, or classify employees or applicants in any way that would deprive or tend to deprive them of employment opportunities, or otherwise adversely effect their status as an employee. It is unlawful for an employer to discriminate in apprenticeships or training programs.

In selecting or referring applicants or employees for employment or promotion, it is unlawful for employers to adjust scores, use different cutoff scores, or otherwise alter the results of employment-related tests on the basis of a protected class. It is also unlawful for employers to use a protected class as a motivating factor in any employment practice, even though other factors also motivate the practice, except where permitted by the fair employment practices law.

It is unlawful for an employer to print or publish any notice or advertisement relating to employment that indicates preference, limitation, specification, or discrimination on the basis of protected classes, except when based on a bona fide occupational qualification.

It is not unlawful for employers to

It is unlawful for employers with five or more employees discharge employees based on race, color, religion, national origin, status as a veteran, sex, sexual orientation, gender identity, marital status, pregnancy, or childbirth or related medical conditions including lactation. It is unlawful for employers with more than five but fewer than 20 employees to discharge employees based age.

Discharge means actual or constructive termination or separation from employment.

[Note: Prior to the enactment of 2020 Va. Laws 1140 (S.B. 868), the VHRA specifically rejected the creation of any common law causes of action based on the law's anti-discrimination policy (Va. Code Ann. § 2.2-3903). The Virginia Supreme Court has held that complainants can't bring common law causes of action based upon the public policies reflected in the VHRA; causes of actions based on violations of those policies are limited to statutory causes of action (Doss v. Jamco Inc., 492 S.E.2d 441 (1997)). Effective July 1, 2020, 2020 Va. Laws 1140 (S.B. 868) repeals this code section. For more information, see Virginia EEO Enforcement.]

Va. Code Ann. §§ 2.2-3900 to 2.23901 , 2.2-3902 to 2.2-3905

1 Va. Admin. Code § 45-20-20

Employers can't discriminate based on race, religion, color, national origin, ancestry, sex, age (40 and older), blindness, disability or familial status, unless this discrimination is based on bona fide occupational qualifications or applicable federal or state security regulations. Specifically, employers can't discriminate against employees and applicants in compensation, hiring, tenure or terms, conditions and privileges of employment if they are able and competent to perform required services. Discriminate means excluding from or failing or refusing to extend equal opportunities and includes separating or segregating employees and applicants.

Employers can't discriminate based on protected status categories in admission to or participation in guidance programs, apprenticeship training programs or other training programs. They also can't discriminate against anyone for pursuing these programs or discriminate in the programs' terms, conditions and privileges. In addition, employers can't print or circulate statements, advertisements or publications, use applications or make inquiries-in connection with such programs-that directly or indirectly express discrimination, unless this discrimination is based on bona fide occupational qualifications. Selections for state-registered apprentice training programs must be made based on objective qualifications.

Prior to employment, employers can't:

Employers can't aid, abet, incite, compel or coerce anyone to engage in unlawful discriminatory practices. They also can't willfully obstruct or prevent anyone from complying with the discrimination prohibitions.

Source: Bloomberg Law

Please note NCSL cannot provide advice or assistance to private citizens or businesses regarding employment-related matters. Please consult your state department of labor or a private attorney.

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Since the Dobbs v Jackson Women's Health Organization decision a year ago, more than a dozen states have passed bans banning abortion outright and many others have passed legislation to restrict abortion access. States like Georgia have banned abortion after six weeks of pregnancy, a period of time so short that most people don't yet know they are pregnant. Even more states gearing up to further legislate pregnant bodies.

Without the federal right to abortion, there has been a radical shift in everything from how doctors are being trained in reproductive care to the lengths that patients in need of care have to go, simply due to where they live, to how much money municipalities and governments need for reproductive health services.

According to National Institute for Reproductive Health data obtained by NPR, "at least 15 municipal and six state governments allocated nearly $208m to pay for contraception, abortion and support services for people seeking abortions" in the year since Dobbs. That's $55m more spent on comparable services than was spent in the previous three years, before Dobbs.

Without Roe, the reliance on, relationship with, and access to things like medication abortion and birth control has become more complex.

As reported earlier this week, these bans also exacerbate existing inequities in our healthcare system - particularly for people of color, who statistically are more likely to live in restrictive states and more likely to need abortions.
A year without Roe
"An already bad situation has gotten worse," Kelly Baden, a public policy expert at the Guttmacher Institute, said. "Accessing abortion in a state like Louisiana was already hard before the Dobbs decision. But now, abortion is banned in Louisiana and every state that touches its borders. That means having to cross one, two, three, four borders before accessing abortion safely for people from that state."

Dr Monica V Dragoman, a physician at Mount Sinai in New York, echoed this sentiment to the Guardian this week.

"One year following the Dobbs decision, individuals and communities across the country are experiencing great harm where abortion is severely restricted or banned outright. Black people and people of color, LGBTQ+ individuals, poor people, and those in rural areas are among those who experience disproportionately severe consequences," she said.

"We need everyone who cares about equitable and comprehensive sexual and reproductive health to continue advocating for meaningful access to abortion - it is more important than ever. Learning from the failures of the past, we need policies and practice grounded in a reproductive justice framework not a Roe status quo."

Abortion will also play a significant role in the upcoming US presidential election. While the political climate was chaotic before Dobbs, it's only gotten more so as many Republican presidential hopefuls are moving forward with their prospects to gut the limited reproductive rights people still have. Given that, according to an NBC News poll earlier this year, six in 10 voters remain opposed to Roe being overturned, there's still hope for the future of reproductive rights and time for things to change.

And there are plenty of advocates for that change who will not stop fighting.

Mini Timmaraju, the president of Naral Pro-Choice America, says this year has "shown us that the American people refuse to give up on their fundamental rights. They've shown up time and again, mobilizing and voting to protect reproductive freedom."

Women's March has put together an interactive map that allows supporters of reproductive rights to find demonstrations to get involved in all around the US.

Alexis McGill Johnson, president and CEO of Planned Parenthood Action Fund argued that while the anti-abortion movement thought the Dobbs decision "would break us, it has also made the supporters of abortion rights - the majority in this country - more committed than ever before to building a better future".

"The rights we have in 20 years will be determined by how we fight the next two years. This is a fight we must have. And it is a fight we will win," she said.

Dr Jamila Perritt, OB/GYN and abortion provider in Washington and president & CEO of Physicians for Reproductive Health, says that while the last "12 months have been full of chaos, confusion, fear and anger for people who need and provide abortion care", her organization will "continue fighting to show up for people who need and provide abortions, speak out against the continued attacks on our self-determination" and "organize to ensure that healthcare providers do not continue the cycles of surveillance and punishment that are entrenched in medical systems".

"We know it is only the beginning," Perritt said. "Our community of physician advocates, allies and supporters will keep hard at work to push back on the onslaught of harmful law and policy and ensure our communities have access to the essential, life-affirming care they need."

Overturning of federal abortion rights has led to complete abortion bans, lesser care for patients and upended training for doctors

The rights we have in 20 years will be determined by how we fight the next two years. It is a fight we will win

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Protests planned across US to mark one year since loss of abortion rights | US news | The Guardian

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Overturning of federal abortion rights has led to complete abortion bans, lesser care for patients and upended training for doctors