How is a protected class identified under employment discrimination law?
A protected class is a group of people who are legally protected from discrimination in the workplace. In Virginia, protected classes are identified by Title VII of the 1964 Civil Rights Act, the Virginia Human Rights Act, and the Virginia Values Act, among other laws. Under both Title VII and the Virginia Human Rights Act, the following classes are protected: race, color, religion, sex, national origin, age, pregnancy, genetics, and disability. The Virginia Values Act goes further to add gender identity and sexual orientation as protected classes. Each of these classes are protected from discrimination and/or harassment in terms of hiring, job assignments, promotion, pay and benefits, discipline, and termination. Employers cannot take any of these factors into account when making hiring or other personnel decisions. Employers are also prohibited from making offensive comments or conduct based on any of the protected classes. Employers who violate these laws are subject to legal action and significant penalties, including compensation for victims and potentially injunctive relief. It is important to remember that protected classes are not limited to the specific categories mentioned above, and employers should consult an employment law attorney in order to ensure full compliance.
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