Employment discrimination is a type of workplace harassment that is illegal and based on legally protected traits. Federal anti-discrimination legislation forbids employers in the United States from treating workers unfairly based on their age, race, gender, sex (including pregnancy, sexual orientation, and gender identity), religion, national origin, or physical or mental disability. Additional traits like marital status, veteran status, and caregiver/family status are frequently protected by state and local employment discrimination laws.
Employment Discrimination
Employment discrimination occurs when a worker or job applicant is treated less favorably than other workers or applicants due to their race, religion, age, sexual orientation, gender, or familial status (such as pregnancy, marriage, or the need to be a parent or caregiver). Discrimination at work typically falls into one of two categories. People who possess certain characteristics, such as race, gender, or sexual orientation, are excluded through direct discrimination. Indirect discrimination imposes additional requirements that some people are unable to meet, such as expecting a parent to frequently work overtime or on the weekends.
The majority of the time, workplace discrimination is illegal concerning almost every aspect of employment, including hiring (such as job descriptions, interviews, and screening), promotions and bonuses, terminations and layoffs, pay, training, benefits, and work assignments. Employers are frequently protected from workplace harassment based on factors like race, gender, and age by provisions in employment discrimination laws.
Employment Discrimination Laws
Generally speaking, unfair practices in a variety of employment contexts are covered by employment discrimination laws, including:
- Hiring
- Promoting
- Assigning tasks
- Training
- Compensating, and
- Firing
Employment discrimination can take many different forms and manifest itself in a wide range of employment contexts. Discrimination can also occur when a particular employee is treated better than other employees or applicants for a job. Of course, outright mistreating an employee is one of the most obvious forms of discrimination. It can also happen when hiring practices merely maintain discrimination that has already occurred or is currently occurring.
Employment discrimination laws come in a variety of forms and are intended to address a variety of practices. The majority of employment discrimination cases, though, are federal ones. This indicates that federal laws are used in the cases, which were filed in federal courts. Title VII of the Civil Rights Act of 1964 is the federal law that prohibits employment discrimination that is most frequently used.
A federal organization that upholds anti-discrimination laws in the workplace is the Equal Employment Opportunity Commission (EEOC). Your protection from employment discrimination is provided by the laws that the EEOC upholds when:
Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, or sexual orientation), national origin, handicap, age (40 years of age or older), or genetic information.
Workplace harassment committed by supervisors, coworkers, or others against you because of your genetic information, age (40 or older), national origin, race, color, religion, sex (including pregnancy, gender identity, or sexual orientation), or racial or ethnic background.
Refusal of a reasonable workplace modification that you require due to your disability or religious convictions. Your genetic or medical information may not be disclosed or subjected to improper inquiries.
Some Employment Discrimination Laws
Here are some instances of federal laws the EEOC enforces in the US to shield workers from discrimination during the application and/or hiring process and/or at work:
- People who perform equal work are shielded from sex-based wage discrimination by the Equal Pay Act (EPA) of 1963.
- Employment discrimination based on racial, religious, sexual, or national origin is illegal under Title VII of the Civil Rights Act of 1964. Employers who have 15 or more employees are subject to this law.
- People over 40 are protected from age-based employment discrimination by the Age Discrimination in Employment Act (ADEA), which was passed in 1967. Any company with 20 employees or more is subject to ADEA. Read more about this law here.
- Individuals with disabilities employed by the federal government are not subject to discrimination under the Rehabilitation Act of 1973.
- Because of pregnancy, childbirth, or a related medical condition (such as gestational diabetes or preeclampsia), it is illegal to discriminate against a person. This is prohibited by the Pregnancy Discrimination Act of 1978. As a result, employers cannot reject a qualified applicant solely because they are expecting a child.
- Businesses with 15 or more employees are prohibited from discriminating against individuals with disabilities under Title I and Title V of the Americans with Disabilities Act (ADA) of 1990.
- The Civil Rights Act of 1991 offers financial compensation, including damages for emotional distress, to individuals whose employers engaged in intentional discrimination. Employees have the option of choosing a jury trial over a judge-only trial.
- A pay discrimination lawsuit is the 180-day statute of limitations that resets with each discriminatory paycheck, according to the 2009 Lilly Ledbetter Fair Pay Act, which amended the Civil Rights Act of 1964.
How to Prevent Employment Discrimination
Additional measures to stop discrimination at your company include those listed below:
#1. Stay Informed
Keeping up with the various federal and state laws of the workplace and recruiting discrimination is crucial if you want to avoid employment discrimination. When you write job postings and conduct interviews, you must be aware of all applicable anti-discrimination hiring laws because they can quickly change. You can find a lot of information about the most recent changes on the EEOC website.
Meeting with your HR team frequently may be beneficial because many HR professionals have in-depth knowledge of discrimination laws. If you need to develop a workplace policy, they should be able to offer advice. Alternatively, you can involve them in the hiring process to keep it as inclusive as possible.
#2. Inform Managers and Staff About the Laws Governing Employment Discrimination
Make sure that every one of your managers and employees is familiar with the laws against discrimination as well as the definition of employment discrimination. Make sure to abide by all local laws because some states may have additional anti-discrimination legislation. If you need to let employees know about any updates or changes, holding training sessions or meetings may also be helpful. In many circumstances, an organization-wide email will do. To prove they read the email, for instance, you could ask staff members to reply to it.
#3. Establish and Uphold a Policy Against Discrimination at Your Place of Business
Consider drafting a written anti-discrimination policy that managers and staff can refer to as needed in conjunction with your HR and legal teams, and teach managers how to respond quickly and discreetly to discrimination complaints. You must consistently enforce this policy and keep it up to date to stay abreast of any modifications to anti-discrimination laws.
To allow for anytime access, think about making the policy available in the employee handbook. Asking staff to sign their handbook as confirmation that they have read and comprehended the policies is one way to ensure that they are aware of your company’s anti-discrimination guidelines.
Types of Discrimination in the Workplace
The act of treating someone unfairly or unequally because of a particular characteristic constitutes discrimination in the workplace. A few examples of these protected characteristics are race, ethnicity, gender identity, age, disability, sexual orientation, and national or religious affiliation. Applicants for jobs, coworkers, or employees and their employers can all experience workplace discrimination. Discrimination is prohibited regardless of whether it was intended or occurred accidentally.
There are several types of workplace discrimination, most of which are centered on the aforementioned protected characteristics. Numerous of these are specifically safeguarded by federal law. These consist of
#1. Race Discrimination
It is forbidden to treat someone unfairly when applying for a job or when working for a company because of their race or any other related factor. Additionally, it is forbidden to engage in color discrimination, which is when someone is treated unfairly due to the hue of their skin or complexion.
#2. Religious Discrimination
Employers are not permitted to treat staff members unfairly or unfavorably due to their religious convictions and practices. Employees who require time, space, or other amenities to engage in their religious practices must be provided for by their employers in a reasonable manner.
#3. Disability Discrimination
Disparate treatment of qualified job applicants or employees is prohibited by the Americans With Disabilities Act (ADA), which was passed in 1990. Employers are prohibited from turning away disabled job applicants, paying them unfair wages, or denying reasonable accommodations to someone who is otherwise qualified for the position. The Rehabilitation Act of 1973, which forbids discrimination in federal employment, is another law that protects people with disabilities in addition to the Americans with Disabilities Act.
#4. Pregnancy Discrimination
The Pregnancy Discrimination Act (PDA), which was passed in 1978, safeguards job applicants, expectant parents who are not yet due to give birth, and employees. According to this law, employers are required to treat pregnancy the same way they would treat a short-term illness or other non-permanent condition. A business cannot fire, deny a job or promotion or reduced the pay of a pregnant person. Employers are prohibited from discriminating against pregnant employees in the workplace under the Pregnancy Discrimination Act, and they are required to make reasonable accommodations as needed.
#5. Age Discrimination
Age preference cannot be stated in job descriptions, internship requirements, or other company documents such as promotion standards due to age discrimination laws. Employees over 40 are protected by the Age Discrimination in Employment Act (ADEA). Additionally, businesses are not allowed to reject benefits, pay, or incentives based on a person’s age.
#6. Sex and Gender Discrimination
For example, the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 both protect people’s rights to receive equal pay for equivalent work. According to these laws, “whether jobs are substantially equal” is determined by job content rather than title. Furthermore, it is unlawful to state in a job posting or job description that a candidate should prefer a particular sex or gender.
How to File a Discrimination Complaint Against a Business
You can file complaints of workplace discrimination with the EEOC or your state’s labor department. Here is a step-by-step instruction sheet for escalating your complaint to the appropriate agency.
#1. Gather Information
You must at the very least include the name, address, and contact information of the person being discriminated against as well as the company you are bringing the complaint against. However, it can be useful to also have the names and phone numbers of any witnesses to the mistreatment or abuse.
#2. Keep a Record of Your Experience
You must include a brief description of what transpired in your complaint. Mention names and informational elements like the time, date, and place. You must prove that the contact or behavior constituted harassment by demonstrating that it was unwelcome, so keep track of all pertinent occurrences. Providing evidence of a hostile pattern will be beneficial.
#3. Submit your Information
You should submit your finished incident report to the organization you selected. You can submit your complaint without using a particular form or referral.
Initiatives to Promote a Healthy Work Environment
Discrimination in the workplace is difficult to avoid. Work can be challenging and upsetting, particularly if your current place of employment still employs archaic customs, perspectives, and procedures. However, the work is worthwhile. A discrimination lawsuit could be your company’s worst nightmare from a legal and financial standpoint. But it also fosters a toxic workplace environment that is detrimental to everyone.
#1. Review Your Hiring Procedures
To increase the atmosphere of inclusivity and lessen the likelihood of discriminatory behavior, you must change the demographics of your organization if everyone is from the same background. In the job description, reiterate your organization’s dedication to hiring people with disabilities and backgrounds. Ask for assistance in finding candidates from various backgrounds and ensure that the interviewing team is diverse.
#2. Hire a DEI Officer
Dedicated to fostering diversity and inclusion at work? A DEI officer can help you put your words into action. This person can give you suggestions on how to make your workplace more welcoming, design and manage training courses, and evaluate your current hiring procedures. Their knowledge of employee rights, anti-discrimination policies, and laws of disabilities is frequently extensive.
#3. Encourage and Reward Deserving Individuals
Many individuals from underrepresented groups worry about reaching the career glass ceiling. Implicit biases and discriminatory practices reduce the likelihood that these people will be hired, promoted, and paid equally. Recognize those who work exceptionally hard, no matter their background, to exemplify your company’s values. Think about providing rewards via a merit system that is not public.
#4. Invest in Training
Inform your team of how discrimination affects the workplace. Assure them of the detrimental effects it has on everyone in the organization, regardless of demographics. The happier, healthier, longer-lasting and more productive employees are those who feel included, valued, and respected at work.
#5. Policy
Create a policy that promotes equal opportunity. Thiscovers the protected characteristics, direct and indirect forms of discrimination, and acceptable and unacceptable workplace behavior. It will serve as the cornerstone of a secure and respectful workplace for your employees, and educating staff about their rights and obligations, it can significantly lessen the chance that you will unintentionally discriminate against staff. By having such a policy in place, you are already demonstrating to your employees that you are a considerate employer who values equality of opportunity and will ensure that they are all treated fairly. Make any necessary adjustments as you periodically review your policy to ensure that it is operating efficiently.
#6. Resolve Complaints Promptly
When someone does report discrimination, you should handle the situation quickly and discreetly. To give employees the impression that you take their concerns seriously and that you value them at work, make sure your complaints procedure is thorough.
What Are the Examples of Employment Discrimination?
When a coworker, employer, or supervisor treats another worker unfairly due to their race, religion, age, ethnicity, gender, or any other characteristic, such as their disability or skin color, this is an example of workplace discrimination.
- Brutal or Derogatory Communications.
- Inequality in pay.
- Unjust promotions.
- Unfair disciplinary measures.
What Is Discrimination in the Workplace?
Employment discrimination typically occurs when a company treats a candidate or employee unfairly due to that person’s race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. The four main forms of discrimination at work are what?
- Gender and sexual discrimination.
- Age-based discrimination.
- Discrimination based on race.
- Discrimination based on a person’s disability.
- Pregnancy discrimination
How Do I Know If I’m Being Discriminated Against at Work?
Communication that is harsh or derogatory. It is crucial how you interact with your coworkers and employer. Even though people enjoy joking around, offensive remarks about a person’s race, gender, or other protected characteristics, as well as harsh or demeaning remarks, are indications of discrimination.
- The interviewer makes inappropriate inquiries during the process
- You are the target of verbal abuse
- Promotions do not come your way.
- You are not receiving equal pay.
- Your colleagues and employer not respecting your religious preferences
What Are the Types of Discrimination That Takes Place at Work?
Workplace discrimination includes any discrimination based on age, race, sex, religion, pregnancy, disability, and retaliation.
- Race or Color of skin
- Age
- Disability
- Compensation
- Gender & Sexual Orientation
- Harassment
What Is Unfair Treatment at Work?
It is against the law to use so-called “protected characteristics” at work as an excuse for harassment or discrimination, including things like age, disability, pregnancy, gender identity, sexual orientation, race, religion, color, nationality, or sex. Examples of unfair treatment at work can include: making false claims about a worker. ignoring a candidate for promotion without justification. making offensive remarks in emails, social media posts, or communications with others.
Should I Tell HR About Discrimination?
It is wrong and illegal to discriminate against people based on their age, gender, religion, race, or disability. You should inform HR if your manager treats you or other employees unfairly for any of these reasons.
Conclusion
Employers who treat applicants unfairly based on their age, race, gender, sexual orientation, religion, national origin, or other characteristics are engaging in employment discrimination. Someone may be acting illegally if others treat them differently from other staff members because they have different traits. When someone treats an individual differently from other workers, it is direct discrimination. When specific policies or guidelines disadvantage some employees, it is indirect discrimination. If you want to avoid running afoul of the law as an employer, you must take proactive measures to prevent discrimination.
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