Nondiscrimination

Your employer must allow you to choose which valid documentation you will show to demonstrate that you’re allowed to work in the U.S. Your employer may not treat you differently in the process of verifying that you’re allowed to work in the U.S.

Learn more about citizenship and immigration documentation protections

The H-1B program allows employers to hire skilled foreign workers in specialty occupations and authorizes the temporary employment of qualified individuals who are not otherwise authorized to work in the U.S. There are protections in place to help to ensure that the program is not used to discriminate against U.S. workers, however. There are also protections in place to protect workers employed under the H-1B program.

Learn more about protections for qualified U.S. workers and contacting H-1B Advisors

You have rights when it comes to compensation for your work. Under the Equal Pay Act, women and men have the right to receive equal pay if they perform equal work in the same workplace. You have the right to file a complaint or a Charge of Discrimination, participate in an employment discrimination investigation or lawsuit, engage in protected activity, or oppose discrimination without being retaliated against by your employer.

Learn more about the laws that protect you from pay discrimination

You have the right to be protected from retaliation for exercising your rights and the rights of others.

You generally have the right to file a complaint in court or with a federal agency, file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC), participate in an employment discrimination investigation or lawsuit, engage in any protected activity, or oppose harassment or discrimination without being retaliated against by your employer. Punishing applicants or employees for asserting their rights to be free from discrimination or harassment can violate the law.

Learn more about your protections from reporting retaliation

Harassment is a form of employment discrimination. Federal laws prohibit harassment based on race, color, religion, sex (including pregnancy and related conditions), national origin, age (40 or older), disability, genetic information, status as a protected veteran, or protected activity (such as filing a discrimination complaint or participating in a discrimination investigation or lawsuit).

Learn more about harassment in the workplace and how to file a complaint

Work must be voluntary. You have a right to leave any employment situation, particularly one that is forced, abusive, and/or exploitative.

Exploiting a person for labor, services, or commercial sex using force, fraud, or coercion is a crime called human trafficking.

If you’re being abused, the most important thing is for you to seek safety. You don’t have to stay in your job if your employer is abusing you. If you aren’t a U.S. citizen and you’re working in the U.S. on a valid visa, your visa status may no longer be valid if you leave your employer, but you may be eligible for a U or T nonimmigrant visa. Help is available.

Call the National Human Trafficking Hotline at 1-888-373-7888 (within the U.S.) or Text “BeFree” (233733).

Learn more about your rights and how to file a complaint or lawsuit

You have the responsibility to ensure nondiscrimination for workers.

As a covered employer, you have the responsibility to prevent discrimination in the workplace for job applicants and employees. Federal employment laws prohibit the use of neutral employment policies and practices that have a disproportionately negative effect on applicants or employees of a particular race, color, religion, sex (including pregnancy and related conditions), national origin, or protected veteran status, or on an individual with a disability or class of individuals with disabilities, if the policies or practices at issue are not job-related and necessary to the operation of the business.

Learn more about neutral policies as discrimination

You have the responsibility to provide a workplace free of unlawful harassment.

Harassment is a form of unlawful employment discrimination under federal laws. Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy and related conditions), national origin, age (40 or older), disability, genetic information, veteran status, or protected activity (such as filing a discrimination complaint or participating in a discrimination investigation or lawsuit).

Learn more about what is considered unlawful harassment and your responsibilities at your workplace

You have the responsibility to provide reasonable accommodations.

Today more than ever, businesses need people with a demonstrated ability to adapt to different situations and circumstances. In the workplace, this resourcefulness translates into innovative thinking and varied approaches to confronting business challenges and achieving success. What’s more, research shows that consumers both with and without disabilities favor businesses that employ people with disabilities.

But, while research shows that a workplace inclusive of people with disabilities is good for business, not all employers understand how to foster one.

Learn more about creating a workplace with reasonable accommodations for disabilities