Protected Characteristics

And some state and local laws prohibit harassment and discrimination on the basis of other characteristics. Click on your state to see a list of these protected characteristics, or if your state is not listed, click Next to continue.

+ California

+ Delaware

+ Maine

+ New York

+ Illinois

California

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California law protects individuals from illegal discrimination by employers based on the following:

  • Race
  • Color
  • Ancestry
  • National origin
  • Religion
  • Creed
  • Age (40 and over under federal law)
  • Disability (mental and physical)
  • Sex
  • Gender (including pregnancy, childbirth, breastfeeding, or related medical conditions)
  • Sexual orientation
  • Gender identity
  • Gender expression
  • Status of being transgender
  • Medical condition
  • Genetic information
  • Marital status
  • Military and veteran status
  • Or any other characteristic protected by federal, state, or local law

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Delaware

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The State of Delaware prohibits employment discrimination on the basis of:

  • Race
  • Marital status
  • Genetic Information
  • Color
  • Age
  • Religion
  • Sex, including pregnancy
  • Sexual orientation
  • Gender identity
  • National origin
  • Disability

The State of Delaware also prohibits sexual harassment against all individuals in all workplaces, including employees, applicants, apprentices, staffing agency workers, independent contractors, elected officials and their staff, agricultural workers, domestic workers, and unpaid interns.

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Sexual Harassment

Sexual Harassment is unlawful when the employee is subjected to conduct that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an employee’s employment; (2) submission to or rejection of such conduct is used as the basis for employment decisions affecting an employee; or (3) such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile or offensive working environment.

Maine

State law prohibits discrimination based on:

  • Race
  • Color
  • National origin
  • Ancestry
  • Age
  • Religion
  • Physical or mental disability
  • Sex
  • Sexual orientation
  • Genetic predisposition
  • Protected activity under the Maine Whistleblowers’ Protection Act, and filing a prior claim under the Workers’ Compensation Act
  • Or any other characteristic protected by federal, state, or local law

New York

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The New York State Human Rights Law makes it illegal for an employer to discriminate against an employee or job seeker because of his or her:

  • Age
  • Creed
  • Race
  • Color
  • Sex
  • Sexual orientation
  • National origin
  • Marital status
  • Disability
  • Military status
  • Domestic violence victim status
  • Criminal or arrest record
  • Predisposing genetic characteristics
  • Gender identity
  • Status of being transgender
  • Gender expression

*Click the tab to reveal New York City protected characteristics.

New York City

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The NYC Commission on Human Rights protects individuals from discrimination in employment based on the following protected classes. The law of New York State applies to New York City as well:

  • Age
  • Alienage or citizenship status
  • Arrest or conviction record
  • Caregiver
  • Color
  • Credit history
  • Disability
  • Gender
  • Gender identity
  • Marital or partnership status
  • National origin
  • Pregnancy
  • Race
  • Religion/creed
  • Salary history
  • Sexual orientation
  • Status as victim of domestic violence, sexual violence, or stalking
  • Unemployment status
  • Status as a veteran or active military service member

Illinois

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The Illinois Human Rights Act prohibits discrimination by employers based on actual or perceived:

  • Race
  • Color
  • Religion
  • Sex
  • Sexual Harassment
  • National Origin
  • Ancestry
  • Military Status
  • Age - (40 and over)
  • Order of Protection Status
  • Disability - (physical and mental)
  • Marital Status
  • Sexual Orientation - (including gender-related identity)
  • Unfavorable Military Discharge
  • Arrest Record - (or criminal history record ordered expunged, sealed or impounded)
  • Conviction Record - (in some circumstances)
  • Citizenship Status - (born or naturalized U.S. citizen, U.S. national or documented immigrant)
  • Language - (any language use not related to job duties)
  • Pregnancy - (including childbirth, or related medical or common conditions)
  • Retaliation - (for opposing unlawful discrimination)
  • Coercion / Aiding and Abetting - (helping or forcing a person to commit unlawful discrimination)

*Click the tab to reveal more information.

Illinois

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Under the Illinois Human Rights Act, “Sexual harassment” means any unwelcome sexual advances, requests for sexual favors, or any conduct of a sexual nature when:

  • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,
  • Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or
  • Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Chicago

Sexual Harassment is prohibited by the City of Chicago. Sexual harassment means any (i) unwelcome sexual advances or unwelcome conduct of a sexual nature; (ii) requests for sexual favors or conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or (2) submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment; or (iii) sexual misconduct, which means any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual’s employment position.

Employer Responsibility

Prevention of Workplace Harassment:

  • Develop, implement, and regularly communicate the employer’s sexual harassment policy.
  • Provide training for managers and employees on sexual harassment prevention.
  • Ensure clear communication on how to report incidents of sexual harassment or conduct of a sexual nature.