Additional Protected Classes in the States

In addition to the federally protected characteristics, states have added in additionally protected characteristics – or bases on which employment decisions cannot be made. The chart below lists the characteristics that are protected in each state. Below the chart, please find an explanation of what these protected characteristics mean and how they apply to farm and ranch businesses.

[Note: All 50 states’ information is coming in 2023!]

Marital Status

A person’s choice to marry or not marry, including

the choice about who to marry, can’t be allowed to change the way they are treated in the workplace. For example, a person’s decision to marry a same-sex spouse can’t be grounds for different treatment. Likewise, a decision not to hire or promote an employee because he or she is a single parent could lead to a discrimination claim. It’s generally okay to have a policy against employing married couples or family members in the same workplace, but only if the policy is applied equally toward all employees or job applicants.

Behavior Outside the Workplace

An employee’s decision to use or not use any lawful product outside the workplace and outside of normal working hours generally can’t be used as the reason for any kind of employment decision, including hiring, firing, promotions, and wage rates. “Outside the workplace” generally means off the employer’s premises and not during working hours. That includes alcohol and tobacco use, as well as the use of any prescribed medications or legal over-the-counter medications. It’s okay to fire or refuse to hire an employee if that person’s use of a lawful product impairs her ability to perform the duties and responsibilities of the job or reflects badly on your business, but even then, you should consider whether you can modify the conditions of the job to work around the impairment. For example, if an employee takes prescription medication that causes drowsiness in the morning, you should consider whether the needs of the job can still be met with a later start to the employee’s workday.

Familial Status

As with marital status, the law prohibits employment decisions based on whether a person has or intends to have minor children in her household. That includes parents who live with their biological children and women who are pregnant or intending to become pregnant, as well as adults serving as caretakers or legal guardians and those seeking to adopt or obtain legal custody of a child under the age of 18.

Public Assistance

Employers are not allowed to make employment decisions based on a person’s receipt of public assistance benefits. That includes any kind of federal, state, or local assistance program such as medical assistance, food assistance (SNAP), childcare assistance, or rent subsidies.

Participation in Commissions

Employers are not allowed to make employment decisions based on a person’s participation or involvement with any local human rights commission. The law allows city and county governments to establish local commissions to address discrimination concerns and makes it an act of discrimination to refuse to hire or take any other adverse employment action against a person because of that person’s involvement with a local commission.