What is Employment Discrimination?
Do you think you or someone you know is a victim?
Many people don't know if they are being discriminated against. They just know something is not right. Discrimination in the workplace happens when a person or a group of people is treated unfairly or unequally because of specific characteristics. These protected characteristics include, ethnicity, gender identity, a persons race, age, disability, sexual orientation, religious beliefs, or national origin. Discrimination in the workplace, many times happen between coworkers, with people applying for jobs, or it may be between employees and their employers, contractors, etc. Whether on purpose or by accident, discrimination, regardless of the intention, is illegal and a claim can be made.
Some statistics have shown49% of the so-called Black Human Resources Professionals and more that 35% of the so-called Black workers feel that there is discrimination in their workplaces.
There are several organizations that protect against discrimination
Office of Civil Rights
The Office of Civil Rights, or OCR pertaining to health information, civil liberties, housing and religious freedom. They also educate communities, social workers, and other professionals on issues of privacy and freedoms they have.
State Labor Office
Every state runs its own Department of Labor. However, they’re all bound by federal laws, specific statutes, connotatively called laws may vary from state to state but they must still stay within the boundaries of the United States of America Constitution. The United States Constitution is all states guideline to their laws or statues passed. You can locate and contact your local state labor office here.
U.S. Equal Employment Opportunity Commission (EEOC)
The EEOC is a good place to start when you feel like you have been discriminated against. Its not such a good place to start because they are going find the complaint you made in your favor, that doesn't happen too often. However it is a goo place to start because you are documented your case through a credible agency of the government.
The EEOC is the branch of the federal government that has a tasked with protecting employee rights. Many companies with more than 15 employees are mandated under EEOC law and federal codes. The EEOC has the authority to investigate discrimination charge against the employees. They cover all kinds of workplace-related issues, including hiring, firing, promotions, leave, family leave, emergency leave and pay.
Discrimination vs. harassment
Discrimination occurs when you are treated differently at work because you belong to a protected class. In other words, when you've been treated unfairly because of who you are or how you’re perceived, you've been discriminated against. Harassment, on the other hand, is unpleasant and unwanted behavior. This could be something that was said or written, or it could be physical contact. The offender or offender(s) are deliberate and persistent in their conduct, which creates a hostile environment.
According to the United States government, harassment may include ridicule, insults, distasteful jokes, physical assault, or threats. Harassment can also be sexual in nature and include unwelcome sexual advances, offensive remarks, requests for sexual favors, and/or any sexual verbal or physical contact. Once the environment becomes unwelcoming, hostile, or abusive, harassment is illegal. It’s also illegal for the target to be demoted, fired, or otherwise retaliated against for refusing to put up with it.
7 types of discrimination in the workplace:
There are various kinds of workplace discriminations, which generally center around the above protected characteristics. Many of these are specifically protected by federal legislation. These include:
Race discrimination
Treating a job candidate or employee unfairly because of their race or any related characteristics is illegal. Color discrimination, which is when someone is treated unfairly because of their skin color or complexion, is also prohibited.
Religious discrimination
It is illegal for an employer to treat employees unfairly or adversely based on religious beliefs and practices. Companies are required to make reasonable accommodations for employees who need time, space, or other amenities to observe their spiritual practices.
Disability discrimination
Under the ADA, or Americans With Disabilities Act (ADA) of 1990, it is illegal to take adverse action against qualified job candidates or employees. Employers cannot refuse to hire disabled candidates, pay them an unfair wage, or deny reasonable accommodation to a person otherwise qualified to perform a given role. In addition to the ADA, disability is also protected by the Rehabilitation Act of 1973, which prohibits discrimination in federal employment.
Pregnancy discrimination
Passed in 1978, the Pregnancy Discrimination Act (PDA) protects employees, jobseekers, and non-delivering expectant parents. Under this law, employers must treat pregnancy in the same way that they would handle a temporary illness or other non-permanent condition. You can’t be fired, denied a job or promotion, or have your pay reduced because you are expecting a child.
Age discrimination
Age discrimination laws prevent employers from specifying age preference in job descriptions, internships, or other company documents, like promotion criteria. The ADEA, or Age Discrimination in Employment Act, protects employees over 40. Companies are also prohibited from denying benefits, compensation, and incentives based on age.
How to identify discrimination in the workplace
Recognizing discrimination in the workplace is tricky. It’s the kind of thing that you might feel before you’re able to pinpoint it — and even more time may pass before you’re able to document and prove it. Hostile behavior in the workplace often gets written off as “harmless,” “joking,” or unintended — and in some cases, it is. However, the case could be made that repeated “harmless, unintentional” behavior is, at some point, no longer unintentional.
Here are a few subtle examples of discrimination in the workplace:
Lack of diversity
Workplaces that lack diversity tend to be guilty of discrimination on some level — even if they don’t mean to be. That’s because the proof is very much in the pudding. When people don’t feel welcome, they don’t stick around. If your work environment is only attracting a certain kind of person, it may be worth investing in a DEI consultant — or a good employment attorney. It’s only a matter of time before you’ll need one or the other.
Retaliation
When people rock the boat or speak out, are you noticing that they don’t seem to have a job for much longer? Do those outspoken employees soon lose their jobs? Workplaces that empower discriminatory or abusive behavior tend to do so by intimidating would-be whistleblowers. If you're considering speaking up, but being “encouraged” not to do so, that’s a sign that something’s up in your organization.
Offensive comments or language
What’s normal conversation in your workplace? Would you feel comfortable with the CEO listening to your conversation, or publishing them online? Would you talk the same way in front of a new hire or potential investor? If your workplace needs to clean up its banter, you may want to drop the inappropriate comments from the conversation entirely.
Inappropriate questions
Does your employer regularly ask personal questions that aren’t related to your role? Did you find yourself fielding some odd questions in an interview? While sometimes personal questions are innocuous, your employer or employer-to-be may not have the best intentions at heart. They may be looking for reasons not to give you the role or exposing their own ignorance.
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