Protected Category:
To qualify to be in a protect category, you must be discriminated on the basis of an inalienable quality, like race, gender, sexual orientation, national origin, disability or age. Or, you can qualify for protection by your actions. For example, if you tell a law enforcement agency, like the Environmental Protection Organization or the Securities Exchange Commission, that you reasonably your employer is breaking the law, then you could also be protected from discrimination.

Adverse Employment Action:
This usually means getting fired, but it could also mean not getting hired or being demoted.

Treated Differently than Others Similarly Situated:
Finally, to sustain a claim for discrimination, you must show that other employees or applicants that are not in the protected category are treated differently. A common example is when a female employee is passed over for a job promotion but the similarly qualified male employee gets the promotion.

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