Your second defense against discrimination cases is to know who is protected by anti-discrimination laws, and what situations may, unbeknownst to you, create an instance of discrimination.
Anti-discrimination laws protect people from discriminatory practices based on race, color, gender, national origin, religion, days of worship, worship practices, religious attire, age, disability, pregnancy, and Vietnam Veteran Status. Employers should pay close attention to all of these groups, as they may not be aware that a few of these groups have federal protection against discriminatory hiring practices.
Race
Race is perhaps the most publicized discrimination that U.S. employers are faced with. Racial hiring preferences have been fought by many federal laws and programs in an attempt to give people of color an equal chance at getting good jobs and in higher positions within U.S. companies. The equal right to apply for and be considered for a job is protected by the 14th Amendment of the U.S. Constitution under its equal protection clause. This clause guarantees that the federal government is not permitted to allow discrimination to occur. However, suits filed under this premise must be able to prove that the employer had "intent" to discriminate. Because proving intentional discrimination is difficult to do, most employees will not try to use the Fourteenth Amendment as their justification for suing, but instead they will probably file suit as a violation(s) of the Civil Rights Acts of 1964 and 1991.
The Civil Rights Acts outlines specific employment behaviors that are illegal for any organization that has more than 15 employees, that has a labor union, that is an governmental agency, that has a contract with a governmental agency, or that is an educational agency. These behaviors include: (1) giving preferential treatment to one group over another in decisions in regard to hiring, promotion, wages, etc., and (2) segregating or classifying employees based on protected characteristics like sex, color, race, religion, or national origin.
While defending your company against a complaint filed under a violation of the 14th Amendment requires proof of "intent" to discriminate, discrimination suits filed under violations to the Civil Rights Acts requires no such proof of intent, only proof that discrimination has occurred.