Legal Definitions - protected characteristic

A protected characteristic is a personal trait that cannot be used as a reason to discriminate against someone. This means that people cannot be treated unfairly because of who they are.

In the United States, there are eight protected characteristics in the context of employment discrimination:

• Race
• Color
• Religion
• Sex
• National origin
• Age
• Disability
• Genetic information

For example, an employer cannot refuse to hire someone because of their race or religion.

Under the ambit of sex, pregnancy is also protected. Discrimination on the basis of sexual orientation and gender identity is also prohibited as sex discrimination following the 2020 Supreme Court case of Bostock v. Clayton County. This means that people cannot be treated unfairly because of their sexual orientation or gender identity.

These protections are also extended in the context of education and in access to public amenities, such as shops, restaurants, and hotels. For example, a restaurant cannot refuse to serve someone because of their race or disability.

In the context of housing discrimination, there are seven protected characteristics:

• Race
• Color
• National origin
• Religion
• Sex
• Familial status
• Disability

This means that landlords cannot refuse to rent or sell property to someone because of their race or disability.

Overall, protected characteristics are traits that people cannot be discriminated against for. These protections are important for ensuring that everyone is treated fairly and equally.