What Is a Protected Class: Legal Definitions and Examples

Protected classes are defined by federal laws and policies, covering traits like race, gender, disability, and religion. This guide outlines their legal definitions and examples, addressing harassment and discrimination across multiple protected characteristics.

By Brad Nakase, Attorney

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Table of Contents

1. What does protected class mean?

What does protected class mean?

Federal statute or presidential order, federal agency policy, or state policy determines a protected class. There are a number of legally protected characteristics, including but not limited to: age, race, religion, color, disability, ethnicity, gender, HIV/AIDS status, genetic information, national origin, military status, pregnancy, sex, sexual orientation, veteran status, and religion.

The purpose of these definitions is to serve as a starting point for further discussion on the topic of protected groups and their connection to harassment and discrimination.

1. Age: For the purposes of these rules, “age” in the context of work means someone over 40 years old.

2. Ancestry: A person’s ancestry is their caste, country, nation, family, or any other group of people that they can trace their roots back to. It can also mean shared traits passed down through generations, whether those traits are physical, cultural, or language.

3. Color: Skin tone, complexion, pigmentation, and complexion.

4. Disability: A mental or physical impairment that significantly restricts one or more of a person’s main activities of life; also, a record of such an impairment or the perception of such an impairment. A disability may still exist in the event that the impairment is episodic or in remission. Major living activities such as walking, seeing, talking, hearing, learning, or operating a major body or mental function may be significantly impaired.

5. Ethnicity: The shared characteristics of a group of people who identify as a whole that set them apart from other groups; these can include things like a shared language, history, culture, religion, social treatment in their local community, and a shared set of customs and ancestry.

6. Gender: The socially created traits typically linked with men and women can be expressed through one’s gender identity. In addition to the binary genders of man and woman, there is a spectrum of genders that includes agender, genderfluid, bigender, genderqueer, non-binary, questioning/unsure, transgender, and two spirit. How a person perceives and identifies with their own gender is known as their gender identity. Gender expression refers to the outward manifestation of a person’s gender and the way in which others perceive them in relation to gender norms.

7. Genetic information: This includes details regarding a person’s own genetic tests, as well as their family members’ genetic tests, and details regarding any illnesses or disorders that have been passed down through generations in a person’s family (i.e. family medical history).

8. HIV/AIDS: Being considered to have HIV/AIDS status means that one is either infected with the virus or has acquired immunodeficiency syndrome.

9. Military Status: Anyone who has been a member, served, or is obligated to serve in a military service in the past, present, or future.

10. National origin: Originating from, or being viewed as originating from, a specific nation or region of the world. Language and accent are also aspects of national origin.

11. Pregnancy: A person carrying a developing embryo, fetus, or unborn child in their body. Birth, miscarriage, abortion, breastfeeding, and any complications or recoveries from these events are all considered part of pregnancy.

12. Protected Veteran Status: The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) says that a protected veteran is someone who served in the military, was discharged or released under conditions other than dishonorable, and is in one of four groups: retired or disabled veteran, recently separated veteran, active duty wartime or campaign badge veteran, or Armed Forces service medal veteran.

13. Race: Refers to the outward manifestations of a shared genetic heritage, such as hairstyle, skin tone, or facial traits.

14. Religion: Deeply held religious views or the lack of them, such as certain clothing, observing holidays or prayers, or having physical traits based on religion (like tattoos, piercings, or facial hair). Buddhism, Christianity, Agnosticism, Atheism, Islam, and Judaism are only a few examples of religions.

15. Sex: A person’s basic make-up, which includes their genitalia, genetic differences, and other sex traits. Usually, there are three categories of sex: female, male, and intersex. The word “because of sex” encompasses more than just gender or sexual orientation when it comes to regulations pertaining to harassment and discrimination.

16. Sexual orientation: A person’s romantic, physcial, emotional, and/or sexual attraction to others, or lack thereof. Some examples of sexual orientations are bisexual, asexual, homosexual, lesbian, and pansexual.

Important note: Multiple protected classes may be involved in some scenarios.

Here are a few examples:

Some forms of antisemitism may be associated with legally protected characteristics, such as a person’s religion, race, or national citizenship.
Ablism can manifest in various ways depending on factors such as age, handicap, or veteran status.
Depending on the behavior, transphobia could be based on sex, sexual preference, gender, gender identity, or expression.

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What Is a Protected Class: Legal Definitions and Examples

What does protected class mean?

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