Employee contracts are designed to outline the terms, duties, and conditions of employment, providing security and clarity for both employees and employers. However, one critical aspect that safeguards employee rights is protection from termination based on certain characteristics that are legally shielded. Known as “protected characteristics,” these include attributes like race, gender, age, religion, disability, and more.
In line with anti-discrimination laws, your contract cannot be terminated because of a protected characteristic. This legal protection is rooted in federal and state laws, including the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, which aim to create fair and inclusive workplaces. Employers cannot legally end an employment contract simply due to an employee’s protected characteristic, as this would constitute discrimination.
Protected characteristics cover a broad range of personal attributes that should not influence an employee’s employment status. These include race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or older), disability, and genetic information. In some regions, additional protections may exist for other attributes, such as marital status or veteran status.
When an employee suspects they have been terminated or are at risk of termination due to a protected characteristic, documentation and evidence are essential. Employees can begin by collecting any emails, performance reviews, or other records that reflect their job performance and interactions with supervisors. Witnesses or coworkers who can verify incidents of discrimination may also support the employee’s case.
Employees who face wrongful termination due to a protected characteristic have legal avenues available to seek justice. Filing a complaint with the Equal Employment Opportunity Commission (EEOC) is one option, as this federal agency investigates workplace discrimination claims. In some cases, employees may also pursue legal action through a private attorney specializing in employment law. These steps can lead to remedies that may include reinstatement, compensation, or policy changes within the organization.
Employers have an obligation to educate their teams and create policies that prevent discrimination based on protected characteristics. Clear policies on non-discrimination, paired with regular training, can help ensure that all employees understand their rights and the organization’s commitment to fairness.
In addition to anti-discrimination policies, companies can benefit from promoting an inclusive work environment that values diversity and respects individual differences. Regular training sessions on diversity, equity, and inclusion, as well as creating open channels for reporting grievances, can further strengthen a workplace culture that upholds legal standards and fosters employee trust.