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HR LibraryDiscipline & TerminationWhen You Cannot Terminate

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Anti-Discrimination Statutes

Both state and federal statutes prohibit termination on the basis of certain characteristics, including:

Age, for people 40 and older
Gender identity, gender expression and transgender status
Marital status
Medical condition, including genetic characteristics and genetic information
National origin and ancestry (including driver’s licenses for undocumented workers)
Physical or mental disability
Pregnancy, childbirth, breastfeeding and related medical conditions
Race and color
Religion
Sex, including sexual harassment
Sexual orientation
Union activity
Veteran or military status

Remember that everyone is protected in some way under anti-discrimination statutes. It is a common misconception that only women can bring sex discrimination claims. A man could bring a claim if he believes he was denied a promotion or terminated on the basis of his sex.

For more information on anti-discrimination laws, see Discrimination.