Often, however, these state laws have small, yet important, differences from Title VII. This article summarizes the general provisions of state fair employment practices laws. It also points out the most common ways that the state laws differ from federal law.

Minimum Number of Employees

Title VII only applies to employers with 15 or more employees. Most state laws, however, apply to employers with fewer employees than 15. Thus, even if an employer is exempt from Title VII coverage, it may be subject to its state's federal employment practices law.

Protected Classes may Extend Beyond those Protected by Federal Law

Under Title VII, employees are protected from discrimination on the basis of race, sex, religion, national origin, and color. The Americans with Disabilities Act of 1990 protects certain disabled employees from workplace discrimination based upon their disabilities. The Age Discrimination in Employment Act of 1967 protects employees from discrimination based upon their age. State fair employment laws often protect their employees from all of these types of discrimination. In addition, many go beyond these federal protections. For example, some state fair employment practices laws also protect employees from discrimination based upon the following categories:

• marital status
• sexual orientation
• political affiliation
• status as a parent
• gender identity
• genetic information
• conduct

Liability May Rest Upon Individuals

Although federal antidiscrimination laws impose liability only upon employers found to have violated the laws, a few states' fair employment practices laws impose liability upon individuals as well.

Interstate Commerce Is Not A Requirement For Coverage

Because Congress passed the federal antidiscrimination laws pursuant to its commerce powers, they all require that an employer be involved in some respect with interstate commerce before it is covered by the applicable law. In practice, an employer is rarely excluded from coverage based upon this exception. This is because nearly all modern businesses are engaged in industries affecting commerce in some respect.

Nonetheless, it may be noted that state fair employment practices provisions do not have the same interstate commerce requirement. Thus, if an employer is excluded from federal antidiscrimination laws because its business does not affect commerce, it will still be subject to state fair employment practices laws, provided that the other requirements for coverage are met.

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.