Legal Definitions - protected characteristic

A protected characteristic refers to a personal trait or attribute that, by law, cannot be used as a basis for unfair treatment or discrimination in specific situations. Laws are in place to ensure that individuals are judged on their merits and qualifications, rather than on aspects of their identity over which they have no control or which are irrelevant to the situation.

These characteristics are legally protected in various contexts, including employment, housing, education, and access to public services like shops, restaurants, and hotels. While the specific list can vary slightly depending on the law and jurisdiction, commonly protected characteristics in the United States include:

• Race
• Color
• Religion
• Sex (which often includes pregnancy, sexual orientation, and gender identity)
• National Origin
• Age
• Disability
• Genetic Information
• Familial Status (having children or being responsible for children)

Here are some examples illustrating how the concept of a protected characteristic applies:

• Example 1: Employment Discrimination

  A highly qualified software engineer, aged 62, applies for a senior developer position. Despite having an impressive resume and performing well in interviews, the hiring manager decides to offer the job to a less experienced candidate in their late 20s, stating privately that they are looking for "someone with more long-term potential" and "a fresh perspective."

  How it illustrates the term: In this scenario, the engineer's age is a protected characteristic. If the decision to deny the job was primarily based on their age rather than their qualifications, it could constitute illegal age discrimination, as age cannot legally be used as a reason to deny employment opportunities.

• Example 2: Housing Discrimination

  A single mother with two young children applies to rent an apartment in a building that advertises multiple available units. The landlord, upon learning she has children, informs her that the building "isn't really suitable for families" and declines her application, even though there are no specific rules against children in the lease agreement.

  How it illustrates the term: Here, the mother's familial status (having children) is a protected characteristic in housing. The landlord's refusal to rent based on her family composition would be illegal discrimination, as landlords generally cannot deny housing to someone simply because they have children.

• Example 3: Public Accommodation Discrimination

  A person who uses a wheelchair attempts to enter a newly opened restaurant. Despite the restaurant having ample space, the manager tells them that the establishment "cannot accommodate wheelchairs" and suggests they try another place, even though there is a ramp at the entrance and accessible tables inside.

  How it illustrates the term: In this situation, the individual's disability is a protected characteristic. Denying access to a public service like a restaurant based on a disability, especially when reasonable accommodations can be made, would be a violation of laws protecting individuals with disabilities.