Future Business Leaders of America (FBLA) Entrepreneurship Practice Test

Which of the following is NOT a basis for prohibited employment discrimination under federal laws?

1. Race

2. Sexual Orientation

3. Gender

4. Age

The correct answer is: Sexual Orientation

The correct choice reflects the nuances of federal employment discrimination laws. While aspects such as race, gender, and age are explicitly covered under federal statutes like Title VII of the Civil Rights Act and the Age Discrimination in Employment Act, sexual orientation has historically not been included in these federal protections. Until recent cases and rulings, particularly the Supreme Court's decision in Bostock v. Clayton County (2020), sexual orientation was not explicitly protected under federal employment discrimination laws. This ruling established that firing someone for being gay or transgender constitutes discrimination based on sex, thus providing a legal basis against such discrimination. However, prior to this ruling, many argued and treated sexual orientation as a not explicitly covered category under federal law. Understanding this distinction helps clarify the landscape of employment discrimination protections. While many states and localities have enacted their own laws to protect against discrimination based on sexual orientation, these are not part of the federal employment discrimination framework, thereby making it the correct choice in this context.