Under federal law, the ten protected characteristics are race, color, religion, sex, national origin, age, disability, genetic information, pregnancy, and military or veteran status. These come from several different statutes rather than one, and which ones apply depends on the setting: a workplace decision, a rental application, a loan, and a hotel reservation are governed by different laws with different lists.
The Ten Characteristics, One at a Time
Five of the ten come directly from Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, and national origin.1U.S. Equal Employment Opportunity Commission. Title VII of the Civil Rights Act of 1964 The other five sit in separate statutes, each targeting a specific form of bias.
- Race. Shared physical traits, ancestry, or ethnic heritage associated with a racial group.
- Color. A separate category from race, covering skin pigmentation, complexion, or shade. Two people of the same race can experience color discrimination differently.2U.S. Equal Employment Opportunity Commission. Facts About Race/Color Discrimination
- Religion. Religious belief, practice, observance, or lack of belief. Employers must reasonably accommodate practices like prayer schedules or dress requirements unless doing so creates an undue burden.
- Sex. Following the Supreme Court’s 2020 decision in Bostock v. Clayton County, this includes sexual orientation and gender identity alongside biological sex.3U.S. Equal Employment Opportunity Commission. Protections Against Employment Discrimination for Service Members and Veterans
- National origin. Country of birth, cultural background, ancestry, or linguistic traits such as an accent.
- Age. The Age Discrimination in Employment Act protects workers who are 40 or older. Workers under 40 are not covered by federal age law.4U.S. Equal Employment Opportunity Commission. Age Discrimination in Employment Act of 1967
- Disability. Any physical or mental impairment that substantially limits a major life activity. Coverage also extends to a history of such impairment or being regarded as having one.5ADA.gov. Introduction to the Americans with Disabilities Act
- Genetic information. Results from genetic tests, family medical history, and participation in genetic services. Employers can never use this information because it says nothing about your current ability to work.6U.S. Equal Employment Opportunity Commission. Genetic Information Discrimination
- Pregnancy. Pregnancy, childbirth, and related medical conditions are treated as sex discrimination under the Pregnancy Discrimination Act. The Pregnant Workers Fairness Act separately requires reasonable accommodations for pregnancy-related limitations, working similarly to the ADA.7U.S. Equal Employment Opportunity Commission. Pregnancy Discrimination Act of 19788U.S. Equal Employment Opportunity Commission. Pregnant Workers Fairness Act
- Military or veteran status. The Uniformed Services Employment and Reemployment Rights Act prohibits discrimination based on past, present, or future military service and guarantees reemployment rights after deployment.3U.S. Equal Employment Opportunity Commission. Protections Against Employment Discrimination for Service Members and Veterans
Discrimination can also target a combination of characteristics. The EEOC recognizes intersectional discrimination, where someone is treated worse for the mix of two or more traits rather than any single one. Bias directed specifically at older women, for example, would not affect older men or younger women in the same way.9U.S. Equal Employment Opportunity Commission. EEOC Enforcement Guidance on National Origin Discrimination
The List Changes Depending on the Setting
The trap most people fall into is assuming the same ten characteristics apply everywhere. They don’t. The statute that governs the situation dictates which traits are actually protected.
Employment
All ten characteristics are covered at work, but through different laws. Title VII, the ADA, GINA, and the Pregnant Workers Fairness Act apply to private employers with 15 or more employees.10U.S. Equal Employment Opportunity Commission. Disabilities Act Expands to Cover Employers With 15 or More Workers The Age Discrimination in Employment Act sets a higher threshold of 20 or more employees. These laws reach every stage of the employment relationship: hiring, pay, promotions, assignments, discipline, and termination.
Independent contractors generally fall outside these protections. Federal courts apply an economic reality test that looks at how much control the employer exercises, the worker’s opportunity for profit or loss, and whether the work is integral to the business.11U.S. Department of Labor. Fact Sheet: Employee or Independent Contractor Classification Under the Fair Labor Standards Act Labels do not decide the question. Signing an independent contractor agreement or receiving a 1099 form does not remove your protections if the actual working relationship looks like employment.
Military service protections work differently. USERRA is enforced by the Department of Labor’s Veterans’ Employment and Training Service, not the EEOC. It applies to virtually all employers regardless of size, and it guarantees returning service members the job, seniority, and pay they would have earned had they never left.3U.S. Equal Employment Opportunity Commission. Protections Against Employment Discrimination for Service Members and Veterans
Harassment counts as discrimination when it targets a protected characteristic and is severe or frequent enough that a reasonable person would find the workplace intimidating or abusive.12U.S. Equal Employment Opportunity Commission. Harassment You do not need to lose money or get fired to have a valid claim. Retaliation is also prohibited: your employer cannot punish you for filing a charge, cooperating in an investigation, opposing what you reasonably believe is discrimination, or discussing suspected pay discrimination with coworkers.13U.S. Equal Employment Opportunity Commission. Enforcement Guidance on Retaliation and Related Issues Your underlying complaint does not have to prove correct, only reasonable and made in good faith.
Housing
The Fair Housing Act uses a different list. It prohibits discrimination in the sale, rental, and financing of housing based on race, color, religion, sex, national origin, familial status, and disability.14U.S. Department of Justice. The Fair Housing Act Age, genetic information, and veteran status are not federally protected in housing. Familial status, which shields families with children under 18, appears here but not in the employment statutes.
Landlords cannot refuse to rent, set different lease terms, or steer applicants toward certain neighborhoods based on protected traits. The law also bars discriminatory lending and biased appraisals.15eCFR. 24 CFR Part 100 – Discriminatory Conduct Under the Fair Housing Act Narrow exemptions exist for owner-occupied buildings with four or fewer units and for single-family homes sold by an owner who does not use a real estate broker and owns no more than three such homes.16Office of the Law Revision Counsel. 42 USC 3603 – Effective Dates of Certain Prohibitions Discriminatory advertising is prohibited even for otherwise exempt properties.
Housing providers must waive no-pet policies as a reasonable accommodation when a tenant with a disability needs a service or emotional support animal. If the disability or need is not obvious, the provider can request supporting documentation.17U.S. Department of Housing and Urban Development. Assistance Animals Denial is permitted only if the specific animal poses a direct safety threat or would cause significant unmitigable property damage, or if the accommodation would impose an undue financial burden. Pet deposits and pet fees cannot be charged for approved assistance animals.
Credit
The Equal Credit Opportunity Act uses yet another list. Lenders cannot discriminate based on race, color, religion, national origin, sex, marital status, or age. They also cannot discriminate because your income comes from public assistance or because you have exercised rights under consumer credit protection laws.18Office of the Law Revision Counsel. 15 USC 1691 – Scope of Prohibition Marital status and source of income appear here but not in employment statutes. If a lender denies your application or worsens your terms, they must tell you why.
Public Accommodations
Title II of the Civil Rights Act guarantees equal access to hotels, restaurants, theaters, and similar businesses open to the public, but only on the basis of race, color, religion, and national origin.19U.S. Department of Justice. Title II of the Civil Rights Act – Public Accommodations Sex, age, and genetic information are not covered by this particular law. Disability access in public accommodations is handled separately by the Americans with Disabilities Act.
When Using a Protected Characteristic Is Legally Allowed
A few narrow situations permit decisions based on a protected characteristic. The employer or organization relying on an exception has to prove it applies.
A bona fide occupational qualification, or BFOQ, permits hiring based on religion, sex, or national origin when the characteristic is genuinely necessary to perform the job.20Office of the Law Revision Counsel. 42 U.S. Code 2000e-2 – Unlawful Employment Practices A faith-based summer camp can require counselors to share its religion. An acting company can cast only women for a female role. Customer preference and generalizations about ability do not qualify. Race is never a valid BFOQ.
Religious organizations get a broader carve-out. Title VII allows religious corporations, associations, and educational institutions to prefer members of their own faith for any position, including administrative and support staff.21Office of the Law Revision Counsel. 42 U.S. Code 2000e-1 – Exemption This exemption covers only religion-based preferences; the organization still cannot discriminate based on race, disability, or the other protected characteristics.
The ADEA allows mandatory retirement ages where age creates genuine safety concerns, such as commercial airline pilots. The Fair Housing Act exempts certain small owner-occupied properties, as noted above.
What to Do If You Believe You’ve Been Discriminated Against
For employment claims, the first step is a charge with the EEOC. You can start through the agency’s online public portal, which schedules an interview before a formal charge is filed.22U.S. Equal Employment Opportunity Commission. Filing a Charge of Discrimination
The deadline is what trips people up. You generally have 180 calendar days from the discriminatory act. That extends to 300 days if your state or local government has its own antidiscrimination agency enforcing a similar law, which most do.23U.S. Equal Employment Opportunity Commission. How to File a Charge of Employment Discrimination For age discrimination, the 300-day extension applies only if a state law (not just a local ordinance) prohibits age discrimination and a state agency enforces it. Miss the deadline and you lose the federal claim no matter how strong the underlying facts are.
After you file, the EEOC notifies the employer and investigates. Voluntary mediation is available but neither party has to accept it.24U.S. Equal Employment Opportunity Commission. Mediation If the agency does not resolve the charge, it issues a Notice of Right to Sue, which you can also request yourself after 180 days.25U.S. Equal Employment Opportunity Commission. Filing a Lawsuit Once you have that notice, you have exactly 90 days to file in federal court. Filing with either the EEOC or a state agency generally costs nothing, and dual-filing agreements often cross-file your charge automatically.
Federal law sets the floor. Many states and cities protect additional characteristics such as marital status, political affiliation, source of income, and immigration status, and many state laws apply to smaller employers than the federal thresholds allow. Because state agencies often have their own deadlines and can offer broader coverage, checking your state’s human rights or civil rights agency is worth doing alongside any federal filing.