Guide to Workplace Discrimination: Types, Examples, & More

Discrimination in the workplace can cause a multitude of problems with employee morale and job satisfaction, as well as result in decreased productivity. On top of that, it is illegal and generally considered morally reprehensible.

Understanding the different types of discrimination and associated laws can help you protect yourself in the workplace, as well as help you maintain awareness of your own actions and how they might affect and be perceived by others.

It’s worth noting that not all forms of discrimination are obvious or overt. What looks and feels like harassment to one person might be the result of behavior that the perpetrator was entirely unaware could be offensive. It is because of this that employee training and education are often critical in mitigating potential discrimination problems in the workplace.

The U.S. Equal Employment Opportunity Commission (EEOC) is a government entity established in 1965 and is responsible for the enforcement of federal discrimination laws in employment situations.

These laws cover most employers with at least 15 employees and apply to unfavorable treatment in making personnel decisions, such as hiring, firing, promotion, training, wages, and benefits, and also issues of harassment.

Types of legally prohibited workplace discrimination listed by the EEOC include:

• Age
• Disability
• Equal pay and compensation
• Genetic information
• Harassment
• National origin
• Pregnancy
• Race or color
• Religion
• Retaliation
• Sex
• Sexual harassment

Your company likely has its own policies and procedures for how to handle discrimination and harassment claims. These can typically be found in an employee handbook or accessed via your company’s HR department.

If you feel you have faced discrimination or harassment in the workplace, you should follow workplace procedures for reporting, which usually involves communicating the problem with human resources. However, if your employer fails to resolve the situation, you are within your rights to seek outside assistance on the matter. You can file a Charge of Discrimination with the EEOC , which is required before filing a lawsuit, except in the case of equal pay discrimination.

The EEOC may attempt to resolve the situation via mediation before conducting an investigation into the matter. If it is determined that a law has been violated, you will be given a Notice of Right to Sue.

While not federally mandated, several states have laws in place requiring that certain types of employers provide harassment training to their employees.

States which have such requirements include the following:

• California – training required by all employers with at least 5 employees
• Connecticut – training required for all employers
• Delaware – training required by all employers with at least 50 employees
• District of Columbia – training required for all tipped employees
• Hawaii – requires that all employers “affirmatively raise the subject”
• Illinois – training required of all public employees
• Kansas – training required of all employees and interns of executive government agencies
• Kentucky – training required for all state employees
• Louisiana – training required for all state employees
• Maine – training required by all employers with at least 15 employees
• Mississippi – training required for all state employees
• Nevada – training required for all state employees
• New Jersey – training required for all state government employees
• New York – training required for all employers
• North Carolina – training required for all state employees
• Pennsylvania – training required for all state employees
• Tennessee – training required for all state employees
• Texas – training required for all state employees
• Utah – training required for all state employees
• Virginia – training required for all legislative branch employees
• Washington – training required for all state employees

Whether the state requires it or not, however, many companies choose to offer this training anyway so as to educate and protect their employees as well as themselves.

The Age Discrimination in Employment Act (ADEA) of 1967 does not allow discrimination against anyone age 40 and older. It essentially states that age discrimination can not affect any aspect of employment, including hiring, firing, pay, promotions, and so on. It also forbids harassment such as derogatory remarks about a person's age that become frequent or create a hostile work environment.

As an example, if a company uses the age of a person 40 or older as the reason to not hire them over another candidate, this is a violation of this act. Likewise, the firing of an employee for no other reason than being “too old” is not allowed.

The Americans with Disabilities Act (ADA) which came into law in 1991 included wording that prohibits discrimination based on a disability, bothpast or present, or even a perceived disability. Furthermore, it requires that employers arrange for reasonable accommodations in the workplace that would allow disabled employees to perform their job duties.

This means that an employer cannot use a disability as a reason not to hire, keep on, or promote an employee. Potential employers also cannot ask about a job candidate’s disability or medical history. However, they can ask if and how the potential employee will be able to perform the job duties.

A disability is any mental or physical condition that significantly impacts any major life activity, such as walking, talking, hearing, seeing, and so on. Harassing someone due to a disability is also a form of discrimination prohibited by law.

Disability discrimination may be overt, such as an employer refusing to promote someone in a wheelchair because they don’t think someone who can’t stand up should be in a managerial role, or it can be more subtle, such as failing to make company documents in a format that someone with poor vision can read.

The Equal Pay Act, signed into law in 1963, requires that men and women receive equal pay for equal work. This covers not just salary, but all forms of job compensation and also prevents employers from reducing the pay of one employee to make pay equal to that of another employee.

Equal work does not need to be identical work, nor do job titles need to be the same when making the comparison. It just needs to be shown that the type and quantity of work are substantially similar.

While other laws also prohibit discrimination based on sex, gender, and other factors, only the EPA specifically requires equal work for equal pay.

The rather new Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers from using genetic information about an employee or job applicant as grounds for discrimination. It also prevents employers from requesting or requiring disclosure of genetic information of an employee or applicant and prohibits harassment based on genetic information.

Genetic information includes the results of any genetic testing or genetic information suggested by patterns of disease in the employee or their family members. Making any hiring, firing, or other decisions based on genetic information is expressly prohibited because it is considered to be irrelevant to a person’s ability to perform their job.

Acts of harassment in the workplace are considered violations of the Civil Rights Act of 1964, as well as the ADEA and the ADA.

Harassment is defined as any unwelcome conduct that is based on race, religion, sex, national origin, age, disability, or genetic information. While small and isolated incidents are not considered illegal, harassment becomes illegal when any of the following occurs:

• Enduring the harassment becomes a condition of employment
• The harassment is severe or pervasive to the extent that it creates a hostile work environment
• Harassment occurs in retaliation for filing, testifying, or in any way participating in a discrimination charge

Determining whether a situation constitutes harassment is typically done on a case by case basis as a certain amount of subjectivity is required in assessing what constitutes “severe” and “pervasive” behavior.

When deciding whether to report harassment against you or anyone else, it is best to trust your gut. If you are feeling uncomfortable or intimidated, then there is a valid reason to make a claim. Keep in mind that even if the claim is dismissed, harassment laws prohibit retaliation.

The Immigration Reform and Control Act passed in 1986 (IRCA) made it illegal to discriminate based on national origin. Such discrimination occurs when someone is treated unfavorably based on their home country, ethnicity, accent, or even perceived ethnicity, as well as unfavorable treatment based simply on their association or marriage to someone of a different national origin.

Employers cannot decide that they only want to hire U.S citizens or permanent residents unless required to do so by law. This means they cannot deny employment to any qualified applicant who is legally allowed to work in the U.S. based on their national origin.

As with other discrimination laws, this covers not only employment decisions, but situations of harassment as well.

The Pregnancy Discrimination Act (PDA) passed in 1978 prohibits employers from making any personnel decisions based on an employee’s or potential employee’s pregnancy status.

If a woman’s pregnancy results in a temporary disability, the employer is also required to accommodate this disability as they would any other employee who is temporarily disabled. The Family and Medical Leave Act of 1993 also requires that employers grant up to 12 weeks of leave (paid or unpaid) to take care of a new child, provided the employee has worked for the company for at least 12 months.

Additionally, the Fair Labor Standards Act allows nursing mothers to be able to express their breast milk during work hours.

Treating someone unfavorably because of their race, racial features, or skin color constitutes racial discrimination. This extends to unfavorable treatment as a result of being married to or associated with someone of a different race and covers personnel decisions as well as harassment.

This brand of workplace discrimination falls under violations of Title VII of the Civil Rights Act of 1964. This is the act that prohibits discrimination on the basis of race, color, religion, sex, or national origin.

Such discrimination need not be intentional to be unlawful. Because of this, it is vital for all employees to be aware of more subtle and non-obvious forms of racial discrimination. Furthermore, discrimination based on race-related characteristics such as hair texture or facial features, and conditions —such as sickle cell anemia — all fall under the associated laws.

Religious discrimination covers not just associations with the beliefs and practices of organized religions, but any sincerely held moral, ethical, or religious belief. As with other discrimination laws, it also covers a person’s marriage to or association with someone with religious beliefs or practices.

The religious discrimination laws allow for accommodations in the workplace so that employees may practice their beliefs as long as the impact is minimal. Dress and grooming practices associated with a religion are likewise protected as long as they do not result in undue hardship on the part of the employer or cause any safety issues.

Accommodations can include allowing breaks for prayer, changes in uniform, dress, or facial hair requirements, and days off for religious observances.

Unsurprisingly, if employees fear potential retaliation or negative consequences from reporting possible incidents of discrimination, this would make them hesitant to make such reports. EEO laws expressly prohibit any retaliation against an employee for asserting their rights. This includes situations in which a harassment claim was dismissed.

Under this law, all activities associated with reporting, testifying, or in any way engaging in a harassment or discrimination claim are considered protected activities, along with actions such as refusing to engage in a discriminatory activity, intervening in discriminatory or harassment activity, requesting accommodations, and asking about salary information.

While it may sound like an add-on offense, retaliation has, in fact, accounted for nearly 50% of all discrimination claims in the federal sector. It is actually the largest basis for discrimination findings.

As with race discrimination, this brand of discrimination also falls under violations of Title VII of the Civil Rights Act of 1964.

Since the passing of the act, various judicial cases determined that Title VII covered sexual harassment, same-sex harassment, gender stereotyping, sexual orientation, and gender identity.

Examples of discrimination based on sex include not hiring or promoting someone based on their gender or sexual orientation, and giving unfavorable performance reviews in an attempt to downgrade an employee’s status based on their gender.

As an add-on to the previous section, sexual harassment explicitly includes the following, particularly when they become pervasive, severe, and create a hostile work environment:

• Unwelcome sexual advances
• Requests for sexual favors
• Verbal and physical harassment of a sexual nature
• Offensive remarks about a person’s sex

Note that you needn't be the recipient of the harassment in order to report it or be affected by it. It is also possible for someone of the same gender to be the harasser.

While it is important to know which types of discrimination are legally prohibited, it is equally important to remain aware of what is not disallowed.

Discrimination based on age against anyone under the age of 40, for example, is legally defensible. This is despite the fact that evidence exists of such discrimination. Findings from a survey even suggest discrimination against someone being too young is at least as common as discrimination for being too old.

Situations in which accommodating a disability would cause undue hardship on the part of the employer provide legal grounds for that employer to refuse employment or reassign a worker. What constitutes reasonable accommodations can vary from situation to situation. If the financial burden on an employer can be shown to be significant or if the impact on productivity would make the accommodation untenable, then the employee has the right to refuse.

Simple teasing, a single joke, or an isolated incidence based on race, sex, disability, or national origin is often considered minor enough so as to not legally constitute harassment.

If an employer is small and employs less than 15 people, they are not, in most cases, required to adhere to employment discrimination laws. However, they may still be legally bound by discrimination laws in general.

How you should proceed in the face of accusations depends on which of the following three categories you fall into:

• You are guilty as charged and the act was intentional
• You are guilty as charged, but it was unintentional or you were unaware of how your actions were being perceived
• You are innocent of the accusation

If the first scenario applies and the evidence against you is clear, it is in your best interest to come clean and display remorse to minimize any fallout. If the evidence against you is weak, then you face a moral decision: you can choose to do the right thing and admit your mistakes, or you can deny it and possibly get away with it. Before doing the latter, consider the impact your actions had on the person making the accusations.

In the second scenario, if you are able to defensibly explain that you were unaware your actions were causing a problem, then there is room for redemption in the form of mediation and apology. Offer to make amends and/or take a class on discrimination.

In the third scenario, it is in your best interest to be cooperative and honest, but you should make sure to seek good legal representation as well. Remember also, if you are cleared of wrongdoing, you cannot retaliate in any way unless there is substantial evidence that the person making the claim did so in bad faith.

There are many reasons besides legal ones that discrimination is considered wrong. Treating another person negatively on the basis of inborn traits is generally regarded as fundamentally unfair from both a philosophical and moral standpoint.

An environment in which discrimination and harassment are tolerated is harmful not just to the subjects of the abuse, but to bystanders as well, who may feel uncomfortable and afraid to speak up without becoming targets themselves. This is why laws against discrimination are so important. By having legal recourse, the burden does not lie squarely on the shoulders of the victims who would likely find themselves in a severe power imbalance otherwise.

If you have been the victim of discrimination, aside from seeking legal action, it can be important to seek emotional support as well. This type of treatment can significantly affect a person’s sense of self-worth and confidence moving forward, especially if a valid case ends up dismissed due to a lack of evidence.

Work should be a safe place for all employees. This is to the benefit of the workers and the employer alike. When employees feel safe, protected, and do not need to waste mental or emotional effort on issues of discrimination, they can focus more productively on the tasks at hand.

If you find yourself feeling unsafe or discriminated against in your current workplace, strongly consider moving elsewhere. Joblist is here to help you find a position that meets your needs – financially, mentally, and emotionally.