Federal & State Employment Protections

Guide
HR Compliance

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What is the difference between the terms race, color, national origin and ancestry mean?

Race

Title VII of the Civil Rights Act of 1964 does not contain a definition of “race.” Race discrimination includes discrimination on the basis of ancestry or physical or cultural characteristics associated with a certain race, such as skin color, hair texture or styles, or certain facial features.

The state of Wisconsin defines “race” as a group of people united or classified together based on a common history, nationality or geography. It includes all races, not just members of a racial minority. Racial groups include American Indian or Alaska Native, Asian, Native Hawaiian or Pacific Islander, Black or African American, and White. Bi-racial and multi-racial are also recognized.

Color

“Color” refers to a person’s skin color, its lightness or darkness, complexion, shade or tone.

National Origin

“National origin” refers to a person’s, or his or her ancestor’s, country of birth or because a person has physical, cultural or linguistic characteristics of a national origin group.

Ancestry

“Ancestry” refers to the country, nation, tribe or other identifiable group of people from which a person descends. It can also refer to the physical, cultural or linguistic characteristics of the person’s ancestors.

Order of Protection Status (IL)

"Order of protection status" means a person's status as being a person protected under an order of protection issued pursuant to the Illinois Domestic Violence Act of 1986 or an order of protection issued by a court of another state.

What is Familial Status protection in Minnesota?

“Familial status” is defined as “the condition of one or more minors being domiciled with (1) their parent or parents or the minor’s legal guardian or (2) the designee of the parent or parents or guardian with the written permission of the parent or parents or guardian.” The law also provides that the “protections afforded against discrimination on the basis of family status apply to any person who is pregnant or is in the process of securing legal custody of an individual who has not attained the age of majority.” Minn. Stat. § 363A.03, subd. 18.

What is lawful off-duty consumption (MN, WI, IL)?

Minnesota
An employer may not refuse to hire a job applicant or discipline or discharge an employee because the applicant or employee engages in or has engaged in the use or enjoyment of lawful consumable products, if the use or enjoyment takes place off the premises of the employer during nonworking hours. For purposes of this section, "lawful consumable products" means products whose use or enjoyment is lawful and which are consumed during use or enjoyment, and includes food, alcoholic or nonalcoholic beverages, and tobacco.

Wisconsin
An employer may not refuse to hire a job applicant or discipline or discharge an employee because the applicant or employee either engages in, or refuses to engage in the use of lawful products (e.g. alcohol, tobacco, the prescribed use of marijuana for seizure disorders, etc.), if the use takes place off of the employer premises during nonworking hours.

Illinois
An employer may not refuse to hire a job applicant, terminate an employee, or other disadvantages in compensation, terms or conditions of employment because the applicant or employee uses lawful products off-duty and off-premises. This includes both medical and recreational marijuana.

How does the state of Minnesota define Local Commission Activity?

"Local commission" means an agency of a city, county, or group of counties created pursuant to law, resolution of a county board, city charter, or municipal ordinance for the purpose of dealing with discrimination on the basis of race, color, creed, religion, national origin, sex, age, disability, marital status, status with regard to public assistance, sexual orientation, or familial status. (MN Statute- 363A.03 Subd. 23)

Public Assistance (MN)

Public assistance includes, but is not limited to, the receipt of general or emergency assistance, supplemental security income, food or health insurance assistance, and recipients of Medicaid.

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