Federal and state law prohibits individual disparate treatment on the basis of: race, color, sex (including pregnancy), national origin, religion and retaliation and objection to unlawful practices or participation in enforcement efforts of the Equal Employment Opportunity Commission (EEOC) or similar state agencies.

Title VII of the 1964 Civil Rights Act prohibits discrimination on the basis described above in hiring, promotion, compensation, discharge, terms and conditions of employment, referral to employment, classification, admission to apprenticeship training programs, employment advertising and rehiring.

Title VII Regulates: Private employers with 15 or more employees, State and local governments. Labor unions with 15 or more members, employment agencies, Joint apprenticeship committees, Federal government through special rules and Congress (through even more special rules) but does not regulate individual employees.

Meanwhile Section 1981 (42 USC 1981) applies only to race discrimination (not national origin) and to employment contracts that Title VII may not address including independent contractors and employers with fewer than 15 employees. There may be more damages and remedial options against individuals. Unlike Title VII there are no administrative requirements that must be fulfilled before a suit is commenced. Also, in order to get punitive damages, the plaintiff will have to show that the employer was being acting recklessly or with malice. (See more under race discrimination).

The EEOC and state agencies, through work-share agreements, enforces the statute through administrative procedures. If you have been discriminated against then contacting a local EEOC office or the state level equivalent with a certain amount of time is the first step that is taken outside of your employer's procedures.

Below are the most common theories of liability that have been seen since September 11, 2001 involving Arab-Americans and Muslim Americans. Each of the theories consist of elements - like a checklist or a ingredients of a recipe - that must be fulfilled in order for court (or administrative agency) to find for you. A claim can take up to two years to litigate and can involve elements from all the theories of liability, this is why the EEOC or state level agencies should be involved (and are required to be) with the process.

[ Administratively Required Procedures ]

[ Discrimination on the basis of Religion]

[ Discrimination on the basis of Race or National Origin ]

[ The Hostile Work Environment & Retaliation ]

[ How the Employer is liable ]

[ Remedies ]