Estimated reading time: 18 minutes

Key Takeaways

• The short answer to “which three characteristics are protected from workplace discrimination and harassment” is race, religion, and sex (including pregnancy, sexual orientation, and gender identity) under Title VII of the Civil Rights Act.

• Federal law protects more than three characteristics: race, color, religion, sex, national origin, age (40+), disability, and genetic information. Many states and cities add further protections.

• Harassment is a form of discrimination when it is based on a protected characteristic and is severe or pervasive, or when a tangible job action occurs; employers must prevent and correct it promptly.

• Applicants, current employees, and former employees are protected from discrimination and harassment; retaliation for reporting or participating in investigations is also illegal.

• If you believe your rights were violated, act quickly: EEOC deadlines are typically 180 days (and up to 300 days in many states). Document incidents, use internal reporting options, and consider filing with the EEOC or a state agency.

Table of Contents

• Introduction

• Quick Answer: The Three Core Protected Characteristics Under Title VII

• What Is a Protected Characteristic?

• The Full List of Federally Protected Characteristics

• Harassment vs. Discrimination: How the Law Treats Both

• How States and Cities Expand Protections

• Who Is Covered: Applicants, Employees, Former Employees

• Practical Examples Involving Race, Religion, and Sex

• How to Recognize and Document Violations

• Filing Options and Deadlines

• Remedies and Likely Outcomes

• Employer Duties, Training, and Risk Trends

• International Perspective: How the U.K. Frames Protected Characteristics

• Common Myths and Quick Answers

• Conclusion

• FAQ

Introduction

Many workers search “which three characteristics are protected from workplace discrimination and harassment” because they want a clear, fast answer they can rely on. The truth is simple but important: U.S. federal law protects far more than three characteristics, and state and local laws often add even more. Still, if you are looking for the three core categories historically recognized under Title VII—race, religion, and sex—you are not wrong. But you should also understand the full range of protections you may have.

In this guide, we explain the “big three,” outline all federally protected characteristics, and show how harassment fits in. We also walk through examples, reporting steps, deadlines, and what outcomes are possible. Along the way, we reference authoritative resources like the EEOC’s plain-English guidance on who is protected, the EEOC’s definition of harassment, and an overview of federal laws from the National Conference of State Legislatures. If you need a quick primer on protected classes, you can also see our in-depth explainer on protected classes under workplace laws.

Quick Answer: The Three Core Protected Characteristics Under Title VII

If you are asking which three characteristics are protected from workplace discrimination and harassment, the classic trio under Title VII of the Civil Rights Act of 1964 is:

• Race

• Religion

• Sex (which includes pregnancy, sexual orientation, and gender identity)

Title VII also protects against discrimination based on color and national origin. A straightforward overview of the Act’s original protected categories is available in training-focused resources that track Title VII’s scope, including EasyLlama’s explanation of protected classes and this summary by Hazmat School on Title VII’s foundations. For authoritative federal guidance, the EEOC states that applicants, employees, and former employees are protected based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin, among other categories.

If your situation involves one of these “big three,” review our focused guides on racial discrimination in the workplace, religious discrimination rights and accommodations, and gender discrimination and related legal consultations.

What Is a Protected Characteristic?

A protected characteristic is a personal trait that the law says cannot be used to treat you unfairly at work. The Legal Information Institute (Cornell Law) defines a protected characteristic as a trait that cannot lawfully be the basis for discrimination. In employment, this includes race, color, religion, sex, national origin, age (40+), disability, and genetic information under federal law. Government portals like USAGov’s job discrimination page emphasize that harassment and other adverse actions are illegal when they are tied to these protected traits.

Understanding what counts as a protected characteristic is the first step to recognizing illegal discrimination or harassment. For a broader orientation, see our guide to workplace discrimination laws and how to evaluate your situation.

The Full List of Federally Protected Characteristics

While many people ask which three characteristics are protected from workplace discrimination and harassment, federal law protects more than three. Across Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Genetic Information Nondiscrimination Act (GINA), federal law prohibits discrimination and harassment based on:

• Race

• Color

• Religion

• Sex (including pregnancy, sexual orientation, and gender identity)

• National origin

• Age (40 and over)

• Disability

• Genetic information (including family medical history)

These categories are summarized by multiple authoritative sources, including the EEOC’s overview of who is protected and the National Conference of State Legislatures’ high-level summary. USAGov likewise explains that federal laws prohibit discrimination and harassment based on these traits, and that the EEOC enforces the laws in most cases (see USAGov).

For clarity on specific definitions some institutions use in education and employment settings, see the Ohio State University resource with protected class definitions. And for a deeper dive on each category, our primer on workplace discrimination rights and claims breaks down standards and evidence across common scenarios.

Harassment vs. Discrimination: How the Law Treats Both

Harassment is unwelcome conduct based on a protected characteristic that becomes unlawful when enduring it becomes a condition of employment or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. The EEOC’s harassment page describes behaviors like slurs, offensive jokes, threats, or physical assaults as examples of unlawful harassment when tied to protected traits. The EEOC’s Enforcement Guidance on Harassment in the Workplace provides detailed legal standards and examples, including how harassment “because of race” or other traits is analyzed.

Training and HR resources also echo that discriminatory harassment involves unwelcome, negative conduct based on legally protected classes and may include verbal, physical, or visual acts that create a hostile environment (see HR Acuity’s overview of harassment types). If your workplace conduct has crossed from “rude” to “illegal,” review our plain-English guide on what counts as a hostile work environment and how the standard is applied.

How States and Cities Expand Protections

Beyond federal law, state and local laws often add more protected characteristics or clarify coverage. For example, California’s civil rights law explicitly protects many additional traits, such as ancestry and medical condition, and applies to a wide range of employers and employment arrangements through the state’s civil rights agency (California Civil Rights Department overview). Other institutions and states likewise list categories like sexual orientation and gender identity explicitly; see, for instance, Michigan Tech’s protected characteristics page used in educational employment contexts.

To understand how your state augments federal protections—or provides longer filing windows—refer to your state civil rights agency and see our practical walkthrough on reporting workplace discrimination effectively.

Who Is Covered: Applicants, Employees, Former Employees

Civil rights protections are not just for current employees. According to the EEOC, applicants, employees, and former employees are protected from discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, disability, age, or genetic information. These protections apply to all aspects of employment, including recruitment, hiring, assignments, pay, training, promotion, discipline, and termination.

Coverage also includes harassment and retaliation for reporting discrimination or participating in an investigation. For a step-by-step overview of your rights and enforcement processes, see our guide to understanding workplace discrimination laws.

Practical Examples Involving Race, Religion, and Sex

It helps to see how the “big three” play out day to day. Here are common scenarios that can be unlawful when tied to protected traits:

• Race: Denying promotion to a qualified Black employee and giving it to a less qualified white colleague, coupled with racial slurs in team chats. The EEOC’s harassment guidance explains how racially hostile conduct is assessed.

• Religion: Refusing to provide a schedule adjustment for a sincerely held religious observance when a reasonable accommodation would not impose an undue hardship. For practical steps, review our guide to religious discrimination and accommodations.

• Sex: Firing a worker after she discloses pregnancy, or subjecting a transgender employee to harassment about gender identity. The EEOC makes clear that sex includes pregnancy, sexual orientation, and gender identity.

If your facts resemble these examples, read about hostile work environment standards and how to build a record of misconduct that meets legal thresholds.

How to Recognize and Document Violations

Spotting illegal conduct starts with understanding protected traits and connecting the dots between your characteristic and the adverse action or harassment. USAGov explains that harassment and discrimination are unlawful when tied to protected bases and gives examples of conduct that can create a hostile environment (USAGov’s harassment and discrimination page). The EEOC’s harassment guidance lists common behaviors like slurs, offensive jokes, and threats.

Document incidents with dates, times, locations, people involved, direct quotes, screenshots, and any impact on your job. Keep copies of policies, emails, reviews, schedules, and disciplinary notices. Our practical guide to reporting workplace discrimination walks through evidence preservation and internal reporting options. If harassment is central to your case, this explainer on workplace harassment legal support covers proof, employer investigations, and remedies.

Filing Options and Deadlines

Most federal employment discrimination claims must start with the EEOC (or a state/municipal fair employment agency). Filing deadlines are typically 180 days from the unlawful act, and in many states that partner with the EEOC, you have up to 300 days. The NCSL’s summary of federal anti-discrimination laws and USAGov’s enforcement overview reinforce these frameworks and the EEOC’s role.

Start by reviewing our step-by-step on how to file an EEOC complaint. If your case is in California, you can also explore state filing under California’s civil rights system, which often provides broader coverage and timelines. If you are unsure where to file first, our practical overview of the workplace discrimination claim process clarifies sequencing, mediation, and right-to-sue notices.

Remedies and Likely Outcomes

Available remedies can include back pay, front pay, reinstatement, compensatory and punitive damages (subject to caps in some federal cases), policy changes, and attorney’s fees. The specific remedies depend on the law invoked, your state, employer size, and what you can prove. For a realistic sense of outcomes, review our guide on potential outcomes in workplace discrimination cases and our analysis of average discrimination settlement amounts.

Settlement is common, often after an EEOC investigation or mediation. Still, preparing a strong case from the start—documents, witnesses, timelines, performance records—boosts your leverage whether you settle or litigate.

Employer Duties, Training, and Risk Trends

Employers must provide equal employment opportunities, prevent and correct harassment, and ensure policies and training reflect current law. The EEOC emphasizes that unlawful harassment includes unwelcome conduct based on protected traits and that prompt corrective action is expected (EEOC harassment overview). The agency’s enforcement guidance further details employer liability standards, including when supervisors are involved.

Risk management resources track which protected groups most frequently pursue claims. For example, compliance analyses highlight seven categories—race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age 40+, and disability—as common sources of disputes (Workwise Compliance snapshot on likely claim categories). For employers and HR professionals, our legal compliance guide to workplace discrimination policy essentials and our prevention-focused playbook on discrimination prevention strategies that work can help reduce exposure and protect employees.

International Perspective: How the U.K. Frames Protected Characteristics

While U.S. employees should rely on federal and state law, it can be useful to know how other countries frame these protections. In the U.K., the Equality Act recognizes nine protected characteristics, including age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, and religion or belief, among others—an approach summarized in Skillcast’s employer guide to protected characteristics. This international lens underscores why asking which three characteristics are protected from workplace discrimination and harassment is only a starting point; modern workplaces require broader coverage and practical enforcement.

Common Myths and Quick Answers

Myth: Only three traits are protected. Reality: There are more than three at the federal level, and your state may add even more. See the EEOC’s list of protected characteristics and the NCSL’s federal law overview.

Myth: Harassment must include touching to be illegal. Reality: Verbal, visual, or written harassment based on protected traits can be unlawful if severe or pervasive, or if it leads to a tangible employment action. See the EEOC’s harassment explanation and HR Acuity’s discussion.

Myth: LGBTQ+ employees are not protected under federal law. Reality: The EEOC recognizes that sex includes sexual orientation and gender identity in Title VII enforcement (EEOC coverage on sex). Some state and institutional policies explicitly list these terms as well (Michigan Tech policy example).

Myth: Only full-time employees are protected. Reality: Applicants, current employees, and former employees are covered; coverage can also extend in many contexts regardless of full-time or part-time status (EEOC on who is protected).

If you need a structured checklist to evaluate your case, our explainer on discrimination case evaluations outlines how lawyers and agencies assess facts, causation, and damages.

Conclusion

If you came here asking which three characteristics are protected from workplace discrimination and harassment, you now know why the real answer is broader—and why that matters for your case. Title VII’s core trio of race, religion, and sex remains foundational, but federal law also protects color, national origin, age (40+), disability, and genetic information, with many states adding more. The key is connecting adverse treatment or harassment to a protected trait, documenting what happened, and moving quickly under the correct deadlines.

As you decide next steps, consider reviewing these practical resources: how to file an EEOC charge, how to spot a legally hostile work environment, and our broader overview of workplace discrimination laws. When in doubt, timely action is essential.

Need help now? Get a free and instant case evaluation by US Employment Lawyers. See if your case qualifies within 30-seconds at https://usemploymentlawyers.com.

FAQ

Which three characteristics are protected from workplace discrimination and harassment?

Under Title VII, the classic trio is race, religion, and sex (including pregnancy, sexual orientation, and gender identity). But federal law protects more than three categories overall—race, color, religion, sex, national origin, age (40+), disability, and genetic information—per the EEOC’s coverage summary and the NCSL’s federal law overview.

What counts as harassment based on a protected characteristic?

Harassment is unwelcome conduct tied to a protected trait that becomes illegal when it is severe or pervasive enough to create a hostile work environment or when a tangible job action occurs. Examples include slurs, offensive jokes, threats, or physical assaults, as outlined by the EEOC and further developed in the agency’s enforcement guidance. For practical context, see our guide to hostile work environments.

Are sexual orientation and gender identity protected under federal law?

Yes. The EEOC recognizes that discrimination based on sexual orientation and gender identity is prohibited as a form of sex discrimination under Title VII (EEOC’s coverage of sex). Many state and institutional policies also explicitly list these traits (example institutional listing).

Who is covered—applicants, employees, or former employees?

All three. The EEOC says applicants, employees, and former employees are protected from discrimination and harassment based on covered traits. Retaliation for reporting or participating in an investigation is also prohibited.

What deadlines apply to file a workplace discrimination or harassment charge?

Federal EEOC deadlines are typically 180 days from the discriminatory act and up to 300 days if a state or local agency enforces a similar law. These timelines are reflected in NCSL’s summary and USAGov’s overview. For step-by-step instructions, see our tutorial on filing an EEOC complaint.