Protected Class

What is a protected class?

Protected Class is a group of people sharing a characteristic that is legally protected from employment discrimination under federal, state, or local law.

Protected Class status is generally not based on individual merit or conduct, but rather on inherent characteristics that are often immutable and unrelated to the individual’s qualifications for a job or other opportunities.

Components of protected class

In the United States, the Protected Classes are defined by federal and state laws and are based on certain characteristics, such as: HBR’s employment discrimination research

1. Race: Protection against discrimination based on a person’s race or ethnicity.
2. Color: Protection against discrimination based on a person’s skin color.
3. National Origin: Protection against discrimination based on a person’s place of birth or ancestry.
4. Sex: Protection against discrimination based on a person’s gender or sex.
5. Religion: Protection against discrimination based on a person’s religious beliefs or practices.
6. Age: Protection against discrimination against individuals who are over the age of 40.
7. Disability: Protection against discrimination against individuals who have a physical or mental disability that substantially limits one or more major life activities.
8. Pregnancy: Protection against discrimination based on pregnancy, childbirth or related medical conditions.
9. Sexual Orientation: Protection against discrimination based on a person’s sexual orientation.
10. Gender Identity: Protection against discrimination based on a person’s gender identity.
11. Genetic Information: Protection against discrimination based on genetic information.

What is the use of protected class?

The use of Protected Class status is intended to address and prevent discrimination in areas such as employment, housing, and education.

1. Employment: Employers are prohibited from discriminating against job applicants or employees on the basis of protected class status. This includes discrimination in hiring, promotion, pay, job assignments, and termination.
2. Housing: Landlords and property owners are prohibited from discriminating against tenants or potential tenants on the basis of protected class status. This includes discrimination in rental and sales transactions, as well as in the provision of services and facilities.
3. Education: Schools and educational institutions are prohibited from discriminating against students on the basis of protected class status. This includes discrimination in admissions, access to programs and services, and discipline.

The use of Protected Class status also applies to government programs and activities, as well as in other areas such as credit, insurance, and voting. SHRM’s protected class guidance

Understanding protected classes is fundamental to building fair, legally compliant hiring and employment practices. Organizations using pre-employment assessments ensure every hire is grounded in verified skills. A data-driven hiring plan reduces mis-hire risk, while strong talent acquisition practices focused on skills-based hiring help organizations attract and retain top talent.

Frequently asked questions