Understanding ‘Protected Classes’ in Employment Law, According to Suzanne Lucas

In a recent LinkedIn post, Suzanne Lucas addresses a common misconception surrounding the term “protected class” in employment law, clarifying who is and isn’t covered by anti-discrimination statutes. Lucas, an HR professional with nearly 20 years of experience, observes that the term has often been narrowly interpreted, leading to the incorrect assumption that only certain demographic groups receive legal protection.

Lucas highlights the persistent misunderstanding that has developed over time, stating:

“The assumption here was that if the employee was not in a protected class, the employee was white, male, and under 40.”

This perception, she explains, is inaccurate and does not align with current legal interpretations. Lucas emphasizes that the Equal Employment Opportunity Commission (EEOC) is working to correct this misunderstanding. She points to the efforts of EEOC Commissioner Andrea Lucas, who has been actively using LinkedIn to communicate that individuals from all backgrounds, including white males, are protected under anti-discrimination laws and have the right to file lawsuits if they experience discrimination.

Clarifying Legal Protections for All Employees

Suzanne Lucas argues that businesses need to operate under the correct understanding of legal protections to avoid potential legal issues. She acknowledges that the misuse of the term “protected class” has been widespread, even admitting her own past use of it in a similar vein. However, she stresses that discrimination is wrong regardless of the group targeted.

The core principle, as Lucas explains, revolves around “protected characteristics,” which are attributes that cannot be used as a basis for employment decisions like firing or refusing to hire. She clarifies the breadth of these protections:

“Men and women, gay and straight, white and black, are all equally protected under the law.”

This assertion underscores that protection is not limited to historically marginalized groups but extends to all individuals. Lucas points out that while some groups have faced more significant or systemic discrimination, the law’s intent is to safeguard everyone from unfair treatment based on inherent characteristics.

The Imperative for Business Compliance

Lucas directly advises businesses to reassess their practices if they have been operating under the flawed assumption about protected classes. She frames compliance not just as a legal obligation but as a fundamental aspect of fair business operations.

“Remember, it’s protected characteristics we worry about. You can’t fire or refuse to hire based on protected characteristics.”

Her post serves as a crucial reminder for employers to ensure their policies and actions are free from discrimination based on any protected characteristic. By dispelling the myth that only certain groups are protected, Suzanne Lucas aims to promote a more equitable and legally sound approach to human resources management across all industries.