Workplace discrimination involves a situation where an employer treats certain job applicants or hired employees who have legally protected characteristics differently or unfairly. These characteristics include race, religion, sexual orientation, age, national origin or ancestry, gender identity, disability and veteran status.
No matter its form or the intent behind it, workplace discrimination is harmful, prejudicial and, in some cases, illegal. Unfortunately, it’s also exceedingly common. In a 2021 survey, 70% of respondents said they experienced employment-related discrimination or mistreatment at some point in their careers.
It can be difficult to determine if you’ve been the victim of discriminatory practices at your workplace. Below, we break down various types of employment-related discrimination and some of the laws that may protect you. If you believe you’re experiencing one or more of these discriminatory practices, it’s typically best to contact your human resources (HR) department first.
Age discrimination
Age discrimination occurs when an employer mistreats someone in their employment because of their advanced age.
The Age Discrimination in Employment Act protects anyone over 40 years old from being fired; passed over as a job applicant; or denied training, benefits, assignments or promotions because of their age.
This law also forbids employers, coworkers and clients from engaging in any age-related harassment severe enough to adversely affect the work environment or hiring prospects of a person over 40.
There are some limits to this federal law. For example, it only protects workers in employment settings of more than 20 people. And it doesn’t protect younger workers from age-related workplace discrimination. However, many states and municipalities have anti-discrimination measures that protect workers of all ages.
Disability discrimination
According to the U.S. Equal Employment Opportunity Commission (EEOC), it’s illegal to discriminate against anyone with a disability in the workplace. Employers also can’t ask job applicants many questions about whether they have a disability or ask them to take a medical exam as a part of the hiring process.
Although not every medical condition is protected, the law protects anyone who has a physical or mental condition that limits their ability to walk, talk, see, hear or learn. In addition, the law considers people who have challenges related to brain, musculoskeletal, respiratory, circulatory or endocrine functions to have a disability. Medical conditions don’t have to be permanent, severe or long-term to be a protected disability.
Under the law, private and local government employers are required to provide “reasonable accommodations” to employees and applicants who may need additional support to perform a job. For example, employers must:
- Ensure that a work environment is navigable for someone who uses a wheelchair
- Grant leave requests to individuals who are dealing with symptoms or who might need to receive treatment
- Provide modifying equipment and assistance devices to those needing them to work
The only time an employer isn’t required to provide reasonable accommodations is if such accommodations would cause an “undue burden”. (That means it would cost too much in relation to the business’ size, needs and resources.)
Wage discrimination
According to federal law, paying certain people less than others for performing the same job is discriminatory and illegal. If an employer fails to pay an employee appropriately because of their race, gender, age, disability status, national origin, genetic information or religion, that’s considered wage discrimination. (This is sometimes called compensation discrimination.)
Not every instance of unequal compensation means an employer discriminates against someone. For example, employers often offer higher wages to an employee who is more experienced or educated, is a higher performer or who has been with the organization longer than another employee. In those instances, an employer has a business case for paying one person more than the other. And that means they’re not committing wage discrimination.
Gender and sexual orientation discrimination
Discriminating against someone because of gender identity or their sexual orientation is against federal law. Employers can’t target, harass, refuse to hire, take away assignments, fire or otherwise take prejudicial action against an applicant or employee because they identify as a specific gender, are transgender, or because they are or are perceived to be heterosexual, homosexual, bisexual or asexual.
In addition, employees can’t segregate or remove assignments from a person who is transgender or has a specific sexual orientation, based on actual or perceived customer preference.
Although teasing or accidental, occasional misuse of a transgender person’s preferred name and pronouns isn’t illegal, repeatedly or pointedly refusing to refer to a transgender employee correctly is harassment. Harassment can also include belittling, offensive or demeaning remarks that occur often enough to create a hostile work environment.
Genetic information discrimination
Genetic information is data about an individual’s predispositions to certain diseases and disorders. Such information can be used to determine whether someone is at a higher risk for developing a future medical condition.
Title II of the Genetic Information Nondiscrimination Act outlaws discriminating against employees or job applicants because of their genetic history. The act says that genetic information isn’t relevant to a job applicant’s or employee’s ability to work in their current state. Therefore, it’s irrelevant to business interests and shouldn’t be included in any employment decisions regarding hiring, firing, pay, assignments, promotions, training, benefits or layoffs.
Under this law, an employer can’t and shouldn’t seek genetic information under any circumstances. If genetic information is acquired accidentally, the employer must keep that information confidential.
Harassment
The law defines harassment as “unwelcome conduct” that targets individuals because of their race, religion, sex (including gender identity and sexual orientation), pregnancy, national origin, age, disability or genetic information. It is illegal, as it violates the Civil Rights Act of 1964 and other anti-discrimination measures enacted since then.
Harassment occurs when conduct is so demeaning and consistent that any reasonable person might conclude it was hostile, abusive or intimidating for a targeted individual or group. It comes in many forms and can come from an employee’s supervisor or another supervisor, a coworker or a customer.
Harassment can include:
- Mockery or ridicule
- Name-calling
- Interference with work
- Offensive jokes, objects or pictures
- Physical assault
- Slurs or epithets
- Threats or intimidation
You don’t have to be the one targeted to be considered a victim of harassing conduct. Legally, harassment can occur even when it doesn’t affect your wages, benefits or the chance of you being promoted.
National origin discrimination
When an employer treats someone differently or poorly because they are or appear to be from a specific country, region or ethnic background, that’s national origin discrimination. Employers can’t refuse to hire or promote, wrongfully terminate or otherwise target someone based on background, foreign accent, citizenship status or because they’re an immigrant (as long as they’re eligible for employment in the United States). That is true even when the employer has the same background as the employee.
Under the law, employers can’t put policies or procedures into place that negatively impact specific individuals (for example, requiring English fluency) if such policies are unnecessary for a particular job or for workplace safety.
In addition, they can’t target individuals because of their association with someone from a different country, region or ethnic background. For example, an employer can’t discriminate against someone because they’re married to someone of a specific regional or ethnic background.
Parental status discrimination
Familial status discrimination, sometimes called marital or parental status discrimination, is defined as treating people in the workplace differently because of how their family is structured. This includes marital status (married or unmarried) and parental status (children or no children).
Although it’s not expressly illegal under federal law and thus not subject to EEOC enforcement, many states have passed unique restrictions around this kind of discrimination.
States that prohibit familial, parental status and other related types of discrimination include:
- Alaska: Prohibits discrimination based on marital and parental status
- California: Prohibits discrimination based on marital status and childbirth
- Connecticut: Prohibits discrimination based on marital status
- District of Columbia: Prohibits familial discrimination
- Florida: Prohibits discrimination based on marital status
- Hawaii: Prohibits familial discrimination
- Illinois: Prohibits familial discrimination
- Iowa: Prohibits discrimination based on familial status
- Louisiana: Prohibits discrimination based on pregnancy and childbirth
- Maine: Prohibits discrimination based on breastfeeding
- Minnesota: Prohibits discrimination based on marital status
- Montana: Prohibits discrimination based on marital status
- Nebraska: Prohibits discrimination based on marital and familial status
- New Jersey: Prohibits discrimination based on marital status
- North Dakota: Prohibits discrimination based on marital status
- Ohio: Prohibits discrimination based on marital status
- Pennsylvania: Prohibits discrimination based on marital or parental status
- South Carolina: Prohibits discrimination based on pregnancy and childbirth
- Utah: Prohibits discrimination based on pregnancy, childbirth or pregnancy-related conditions
- Virginia: Prohibits discrimination based on marital status
- Washington: Prohibits discrimination based on marital status
- Wisconsin: Prohibits discrimination based on marital status
Occasionally, workplace discrimination against familial caregivers is so egregious that it rises to sex or disability discrimination. Such actions are illegal under federal and state laws.
Pregnancy discrimination
It’s against the law to discriminate against someone in the workplace because they’re currently pregnant, have been pregnant or might become pregnant. Employers also can’t target people because they:
- Have a medical condition related to pregnancy or childbirth (including people who are breastfeeding)
- May have chosen to have or refrained from an abortion
- Use birth control
- Develop a medical issue (such as diabetes) during pregnancy
An employer is legally mandated to provide reasonable accommodations to pregnant people with pregnancy or birth-related medical issues.
Also, breastfeeding or lactating employees can’t be penalized for expressing milk during work hours. Employers must provide reasonable break times for people who need to pump at work up to one year after a child is born.
Color/race discrimination
Color discrimination describes treating someone unfavorably because of the color of their skin. Race discrimination is treating someone unfavorably because they have personal characteristics associated with a specific race, such as hair texture or facial features.
Employers aren’t allowed to target someone based on their race or color. In addition, they can’t penalize job applicants or employees because they’re in a relationship or married to a person of a certain race or color. Federal law considers any prejudicial treatment based on race illegal, even when the employer is the same race or color as the employee.
Religious discrimination
When an employer targets, mistreats or harasses someone because they have certain religious beliefs, that’s considered religious discrimination. Federal law stipulates that any kind of religious discrimination is illegal. It protects people who identify with global, organized religions like Buddhism, Christianity, Hinduism, Islam and Judaism. It also protects those who belong to smaller or less organized ethical and moral communities, as long as their beliefs are “sincerely held”.
Employers can’t segregate certain religious groups in the workplace or keep them from externally facing positions because of actual or perceived customer preference. They must make reasonable accommodations to allow employees to carry out their religious beliefs, as long as those accommodations don’t put an undue strain or burden on the organization. Reasonable accommodations may include providing flexible scheduling and time off for observed holidays, or allowing employees to dress and groom themselves according to their religious beliefs.
Employers can’t force job applicants or employees to participate in a religious activity. They also can’t hire, fire, or withhold promotions, training or benefits based on personal religion.
Retaliation
When an employer retaliates against an employee, it means the employer takes harmful or unfair action against someone who complains about workplace discrimination or who takes action for a harassment-free work environment.
Retaliation can look like:
- Unfairly disciplining an employee
- Reassigning an employee to an unfavorable position
- Threatening an employee
- Engaging in abusive behavior toward an employee
- Spreading false rumors about an employee
- Increasing scrutiny
- Or otherwise making the employee’s work life more challenging
The U.S. Equal Employment Opportunity Commission protects people who make complaints about workplace discrimination. That means it’s illegal to retaliate against one or more employees for:
- Filing a complaint about discrimination or being a witness to one
- Communicating to a supervisor about harassment
- Resisting sexual advances
- Asking managers about salaries to uncover wage discrimination
- Refusing to follow orders that would result in discrimination
Sex discrimination
Two laws have been put into place to protect employees and job applicants from sex discrimination in workplace settings: Title VII of the Civil Rights Act and the Equal Pay Act.
Together, these laws prohibit employers from unfairly or unfavorably targeting someone because of their sex, sexual orientation, gender identity or pregnancy. In addition, they can’t make employment decisions based upon gender stereotypes, and employers must pay men and women equally for the same work.
Sexual harassment
Sexual harassment—defined as conduct that is either sexual or based on gender—is considered sex discrimination and is illegal. Unwelcome sexual comments or jokes, showing or taking photos, engaging in touching and requesting sexual favors create a hostile work environment and are against federal law.
Employers, supervisors, coworkers and clients, whether of the same or different sex, are all considered capable of engaging in sexual harassment and making work unfairly challenging for victims. Similarly, making offensive gender-based comments can be construed as sexual harassment.
When to talk with a lawyer
Workplace discrimination is harmful and may be illegal. If you believe that you’ve experienced discrimination in the workplace, it can be beneficial to consult with an employment attorney. They can discuss your case and walk you through your legal options, whether or not you’ve filed a complaint with HR.
It is against the law for an employer to fire an employee because they’ve sought legal counsel. If you are wrongfully terminated because you made an appointment with a lawyer, there are steps you can take to fight back. An attorney can assist you with how best to move forward.
Sofie is a writer. She lives in Brooklyn.
