Answers to some common questions about workplace discrimination and harassment laws, including which laws apply to you and what you should do if an employee complains.

What's Below:

What forms of discrimination are illegal in the workplace?
What is sexual harassment?
Do antidiscrimination laws apply to small businesses?
What should I do if an employee complains about discrimination?
Can I fire or discipline an employee for complaining about discrimination?
Are English-only rules legal?
What is age discrimination?
Are there laws that prohibit discrimination based on sexual orientation?
Do I have to provide the reasonable accommodation a disabled employee requests?
Do I have to give an employee time off for religious observances?

What forms of discrimination are illegal in the workplace?

If a characteristic is specifically listed in an antidiscrimination law, then it is illegal to discriminate against someone on the basis of that characteristic.

Federal law prohibits discrimination on the basis of race, gender, pregnancy, national origin (including affiliation with a Native American tribe), religion, disability, citizenship status, and age (if the person is at least 40 years old).

State and local laws often prohibit additional types of discrimination, including discrimination on the basis of marriage, sexual orientation, and weight. To learn more about your state and local laws, contact your state fair employment office.

What is sexual harassment?

Sexual harassment is a type of gender discrimination. It is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile, or offensive working environment. It is any offensive conduct related to an employee's gender that a reasonable woman or man should not have to endure.

Do antidiscrimination laws apply to small businesses?

If you have a really small business -- with only one to three employees -- you do not have to worry about the vast majority of antidiscrimination laws. The major exception to this general rule is the federal Equal Pay Act, which applies to virtually all employers, regardless of size. For a description of the Equal Pay Act, see Federal Antidiscrimination Laws.

In addition, there might be a local ordinance or state law that does apply to you (although the majority of these laws applies only to employers with five or more employees). To investigate your state laws, contact your state fair employment practices agency; ask your local government for information on municipal or county ordinances.

What should I do if an employee complains about discrimination?

The most important thing to do is to take the complaint seriously, no matter how angry it makes you or how fictional you think the complaint is. Investigate the complaint thoroughly and, if you find any merit to the complaint, remedy the situation as quickly as possible.

For more information about handling complaints of discrimination, see Guidelines for Handling Discrimination and Harassment Complaints.