Anti-Discrimination Statutes

Federal Anti-Discrimination statutes are not affected by the exclusivity doctrine. For instance, if the employee’s injuries occurred during the scope of employment and the injuries are covered under a Federal Anti-Discrimination statute, the employee can bring a claim under the Federal Anti-Discrimination statute as opposed to the state’s Workers’ Compensation statute, even though exclusivity would normally apply. Similarly, some state anti-discrimination statutes supercede exclusivity.