Title VII of the Civil Rights Act of 1964 provides protection to members of certain protected classes from employment discrimination.  Those protected classes are based on race, color, religion, sex and national origin.  Employers who are covered under Title VII cannot discriminate against prospective and current employees on the basis of race, color, religion, sex or national origin. 

Covered employers include private employers with 15 or more employees, the federal government, state and local governments, and labor organizations.  Employers cannot discriminate against employees in all areas of employments including hiring, firing, compensation and benefits, job assignments, promotions, layoffs, training and time off.  Discriminatory treatment includes harassing people in a protected class.  Harassing acts include slurs, offensive jokes, offensive remarks based on a protected characteristic, threats, intimidation or other conduct that depicts members in a protected class in an unfavorable manner. 

In addition to prohibiting discriminatory conduct, employers are prohibited from retaliating against employees who have asserted their rights under Title Vii by complaining about discrimination or by filing a charge with the EEOC. 

Employees who have been discriminated against or retaliated against may be entitled to equitable relief, such as reinstatement to a job.  In addition, employees may be entitled to actual damages including back pay, front pay, compensatory damages, and punitive damages.  If an employee wins in a lawsuit alleging discrimination or retaliation under Title VII, he is also entitled to recover his attorney’s fees. 

In the current economic down turn, companies are laying off employees with increasing frequency.  While a company may have legitimate nondiscriminatory reasons for laying off employees, in some situations, those reasons might simply be a pretext for unlawful discrimination.   

There are many federal laws protecting employees from discrimination in employment.  Some of the most common forms of discrimination are discrimination based upon race, sex, age, religion, national origin, pregnancy and disability.  Federal laws prohibit discriminatory practices against employees in these protected classes.  The primary federal laws offering protection are the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Pregnancy Discrimination Act, and Title VII of the Civil Rights Act of 1964.

If your layoff is merely a pretext for the employer to discriminate against you based on race, sex, age, religion, national origin, pregnancy and disability, you might have a claim under federal law.  Consult with an employment discrimination lawyer to find out what your rights are and whether they have been violated.