Discrimination in the workplace is a serious issue that affects workers across all industries and backgrounds. Dealing with workplace discrimination can be challenging, but it’s essential to stand up for your rights and insist upon a safe and inclusive work environment.
In this article, we’ll explore the different types of workplace discrimination and provide practical tips on how to deal with it effectively. Whether you’re an employee facing discrimination or an employer looking to create a diverse and inclusive workplace, you’ll learn valuable insights.
What is discrimination in the workplace?
Workplace discrimination refers to the unequal or unfair treatment of employees or potential employees on the basis of characteristics such as race, color, sex, religion, national origin, age, disability, gender identity or sexual orientation. This discrimination can occur in a variety of areas including hiring, apprenticeships, partnerships, compensation, promotions and reasonable accommodations. Workplace discrimination in the United States is regulated by the Equal Employment Opportunity Commission (EEOC).
Discrimination in the workplace can take many forms. It can be direct or indirect, overt or slight. It may include intimidating conversations or policies that have a disproportionate impact on certain groups of people. It can also manifest itself in subtle ways, such as when an employer treats employees of certain backgrounds differently than others without explicitly stating so.
Regardless of the form it takes, workplace discrimination is never acceptable and can have serious legal and financial implications for businesses that don’t comply with anti-discrimination laws.
Discrimination vs harassment
Workplace discrimination and harassment are often confused, since they both refer to being treated unfairly due to certain characteristics.
Discrimination involves treating someone differently or less favorably due to a protected characteristic, such as their race, gender, national origin, religious beliefs, sexual orientation or gender identity. This includes hiring practices and other forms of workplace decisions that have a disproportionate impact on certain individuals.
Harassment, on the other hand, is defined as any unwelcome conduct based on a protected characteristic that’s so severe and pervasive that it creates a hostile work environment. Harassment typically includes behavior such as verbal abuse, physical intimidation, offensive jokes and name-calling.
Types of discrimination in the workplace
Discrimination in the workplace can affect employees in unique and often damaging ways. Understanding the different types of discrimination is the first step in addressing this issue and creating a safe and inclusive work environment for all employees. This section explores some of the most common types of discrimination in the workplace.
Race discrimination
Race discrimination in the workplace refers to any unfair treatment of an employee or job applicant due to their race, ethnicity, skin color or national origin. It can take many forms, including unequal pay, denial of promotions or benefits, and unequal access to opportunities. This type of discrimination is prohibited in the United States by Title VII of the Civil Rights Act of 1964.
Employers have a responsibility to ensure that all employees are treated equally, regardless of their race, and employees who experience race discrimination have the right to take legal action to seek remedies for the harm they’ve suffered.
Sex, gender, and sexual orientation discrimination
Discrimination based on sex, gender and sexual orientation encompasses any kind of unequal or unfair treatment of employees based upon their sex, gender or sexual orientation, including hiring, firing, promotion, pay and other forms of compensation, and other employment-related opportunities. It can also involve gender-based harassment or discrimination based on sexual orientation that creates a hostile work environment.
If an employer discriminates against an employee based on any of these characteristics, they may be held liable for damages through a discrimination claim. Employers can also face penalties for failing to make reasonable accommodations for employees’ gender identity or expression.
Disability discrimination
Disability discrimination in the workplace occurs when a qualified individual with a disability is denied an employment opportunity or otherwise treated differently or unfairly because of their disability. It can also involve disability-based harassment that creates a hostile work environment or failing to provide reasonable accommodations to qualified individuals with disabilities.
Under the Americans with Disabilities Act (ADA), it’s illegal for employers to discriminate against individuals on the basis of disability in any area of employment, including hiring, promotions, wages, benefits and job duties. Additionally, employers must make reasonable accommodations for employees with a disability.
Employers must also consider the disproportionate impact of a policy on individuals with disabilities, ensuring that company policies don’t have a disproportionately negative effect on individuals with disabilities as compared to non-disabled persons.
Age discrimination
Age discrimination in the workplace is defined as treating people differently based on their age. This type of discrimination may occur if an employer disproportionately impacts people in a certain age group or fails to provide reasonable accommodations for employees’ age-related needs.
Age discrimination is prohibited by the Age Discrimination in Employment Act (ADEA). Under the ADEA, employers with at least 20 employees are forbidden from discriminating against workers and job applicants who are 40 or older. This includes refusing to hire qualified individuals based on their age, forcing them to retire and imposing different terms or conditions of employment because of age.
Religious discrimination
Religious discrimination in the workplace occurs when employers treat employees or potential employees differently because of their sincerely held religious beliefs, practices or observances. This form of discrimination is illegal under the Civil Rights Act of 1964, as well as other federal and state laws. Religious discrimination can occur in many aspects of employment, including hiring, promotions, training, job assignments, discipline and termination.
One of the most common forms of religious discrimination is when an employer refuses to provide reasonable accommodations for an employee’s religious beliefs or practices. Such reasonable accommodations may include allowing employees to take time off from work for religious holidays or allowing employees to wear religiously mandated clothing.
Pregnancy discrimination
Pregnancy discrimination refers to any form of discrimination in the workplace—including refusing to hire, firing, denying promotions, giving unequal pay, demoting or treating an individual differently in any other way—based on pregnancy, childbirth or related medical conditions. It also includes denying reasonable accommodations to pregnant women that are available to similarly situated employees who aren’t pregnant and treating a woman unfairly because she had an abortion or is planning to have one. This type of discrimination may also be associated with gender discrimination.
Pregnancy discrimination can have a disproportionate impact on certain women depending on their race, sexual orientation, gender identity, national origin or religious beliefs.
Intentional vs unintentional discrimination
The difference between intentional and unintentional discrimination lies in the intention of the employer.
Intentional discrimination is when an employer deliberately treats an employee differently based on their protected status, such as race, gender, sexual orientation, national origin or religious beliefs.
Unintentional discrimination is when an employer unintentionally treats an employee differently due to their protected status. This may be due to factors such as ignorance of the law or lack of understanding of the employee’s specific needs. Sometimes referred to as disparate impact, unintentional discrimination occurs when a neutral policy has a disproportionately negative impact on people of a certain race. For example, a policy requiring employees to have a certain level of education may have a disparate impact on certain racial or ethnic groups, even if the policy wasn’t intended to discriminate.
Both intentional and unintentional discrimination can be considered grounds for taking legal action. However, it’s important to consult with an attorney to better understand your legal options.
How do you tell if your boss is discriminating against you?
Some signs that may indicate that your boss is discriminating against you in the workplace include:
- Unequal treatment: You feel that you’re being treated differently than your coworkers, especially if the difference is based on a protected characteristic such as race, gender, age, religion or disability.
- Denial of opportunities: You’re consistently passed over for promotions, raises or other opportunities despite your qualifications and performance.
- Unequal pay: You’re paid less than coworkers who have similar qualifications, skills and experience.
- Unequal working conditions: You’re subjected to unequal working conditions, such as a lack of accommodations for a disability or unsafe working conditions.
Pay attention to how other employees in similar roles and with similar backgrounds are managed compared to yourself. Ask yourself if there’s an unreasonable difference in the way you’re being treated or if there’s a disproportionate impact that’s affecting you negatively.
Keep in mind that discrimination can be subtle, making it difficult to determine if you’re being discriminated against. However, if you have concerns, it’s best to speak with a human resources representative or a legal professional for guidance.
How do you prove discrimination in the workplace?
Proving workplace discrimination can be challenging, as it can be difficult to determine an employer’s motivations. However, there are steps you can take to support your claim of discrimination.
Check company policies
Review your company’s employment manual or handbook for any policies and procedures for reporting discrimination. If there’s a specific protocol, follow it. If not, you may want to talk to someone in human resources (HR).
Document everything
The burden of proof is on the individual making the claim of discrimination. The more evidence you have, the stronger your case can be. Evidence can include:
- Documentation: Keep a record of any incidents of discrimination, including the date, time, location and details of what happened. If possible, save hard copies of any written evidence (such as emails or memos) that support your claim.
- Witness statements: If there were any witnesses to the discrimination, ask them to provide written statements about what they saw or heard.
- Pay records: Gather records of your pay and the pay of coworkers who have similar qualifications and responsibilities. This can be used to show unequal pay based on a protected characteristic.
- Performance evaluations: Keep copies of your performance evaluations and compare them to those of coworkers who have similar responsibilities.
File a complaint with HR
Your human resources department is legally bound to investigate any claims of discrimination in the workplace. Do this in writing so you have documentation.
File a federal or state complaint
If you’re unsatisfied with the response of your HR team, file a complaint with the EEOC or with your state’s agency.
Talk to a lawyer
No matter where you’re at with filing a complaint, you may wish to speak with an attorney experienced in labor law and employee rights.
When to talk with a lawyer
If you feel that you’re being treated unfairly because of your race, color, national origin, sex, gender identity, sexual orientation or religious beliefs, you may find it beneficial to discuss your situation with an employment lawyer.
A lawyer can assist you in several ways:
- Advise you on your legal rights: An employment lawyer can explain the applicable anti-discrimination laws, as well as your rights and potential remedies.
- Help you build a case: An attorney can gather evidence, interview witnesses and build a strong case to support your claims of discrimination.
- Represent you in negotiations: A lawyer can negotiate with your employer on your behalf to reach a settlement or resolve the issue informally.
- Represent you in court: If your case can’t be resolved through negotiations, an attorney can represent you in court and fight for your rights.
Protect your rights: An employment lawyer can help protect your rights and see that you’re treated fairly throughout the process.
Sofie is a writer. She lives in Brooklyn.
