In 2019, a Glassdoor survey revealed that 3 out of 5 workers in the United States reported experiencing or witnessing some form of discrimination in the workplace. This discrimination refers to any unfair treatment of an employee or job applicant based on their race, gender, age, religion, disability, pregnancy, national origin or any other protected characteristic.
The effects of workplace discrimination can be significant, often leading to a toxic work environment and demotivation. In many cases, such discrimination can also negatively impact a person’s career.
This article aims to help you recognize acts of discrimination in the workplace and how to take action to protect yourself and others. First we’ll discuss various examples of discrimination in the workplace. Then we’ll share guidance on how to prove discrimination in the workplace and when to consult with a lawyer.
What does workplace discrimination mean?
Workplace discrimination refers to any unfair treatment or unfavorable action taken against an employee or job applicant based on their race, gender, age, religion, disability, pregnancy, national origin or any other protected characteristic.
Discrimination can manifest in various ways, such as being passed over for promotion, being paid less than other colleagues for the same work, receiving unfavorable assignments or shifts or being subjected to a hostile work environment.
Examples of discrimination in the workplace
Below are some of the most common types of discrimination that individuals may experience in the workplace.
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.
This type of discrimination can take many forms, including but not limited to:
- A qualified job applicant isn’t hired because of their race or ethnicity, despite being the most qualified candidate.
- An employee is subjected to racial harassment, such as derogatory comments or jokes about their race or ethnicity.
- A company has a policy or practice that has a disparate impact on employees of a particular race or ethnicity, such as requiring a certain hairstyle traditionally associated with one race.
- An employee of one race is paid less than their colleagues of other races who perform the same job and have similar qualifications.
- A supervisor favors employees of their own race or ethnicity and gives them preferential treatment in promotions or assignments.
In addition, employers 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.
Gender and sex discrimination
Gender and sex discrimination in the workplace refers to any unfair treatment of an employee or job applicant based on their gender or sex. This can include discrimination against women, men and individuals who identify as non-binary or transgender.
Examples of gender and sex discrimination include but aren’t limited to:
- Compared to male colleagues with similar qualifications, a female employee is paid less for the same job.
- An employer denies a promotion to a female employee because the job is seen as “men’s work”.
- An employee is subjected to unwanted sexual advances or comments from a coworker or supervisor.
- An employer provides less favorable working conditions or job opportunities to employees who are pregnant or who have children.
- An employer has a policy that requires employees to conform to gender stereotypes in their appearance, such as requiring women to wear makeup or men to have short hair.
Age discrimination
Age discrimination in the workplace occurs when an employee or job applicant is treated unfairly because of their 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.
Examples of age discrimination in the workplace include but aren’t limited to:
- An older job applicant isn’t hired because the employer is looking for a “younger” and more “dynamic” candidate.
- An older employee is passed over for promotion despite being qualified and having relevant experience.
- An older employee is subjected to age-based harassment, such as being called “old” or “outdated” by their colleagues.
- An employer offers less favorable working conditions or benefits to older employees, such as reduced hours or no access to training and development opportunities.
- An older employee is forced into retirement or asked to resign due to their age, even though they’re capable of performing their job duties.
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”.
Here are some examples of religious discrimination in the workplace (though this isn’t an exhaustive list):
- An employee is denied a job or promotion because they wear a religious headscarf or other religious dress.
- An employer schedules mandatory work shifts that conflict with an employee’s religious observance and fails to provide reasonable accommodations to the employee.
- An employee is subjected to religious harassment or ridicule, such as being mocked for their religious practices or beliefs.
- An employer requires employees to participate in religious activities or events as a condition of employment.
- An employee is denied reasonable accommodation, such as time off for religious holidays or the ability to pray during work breaks.
- An employer prohibits employees from wearing religious symbols or clothing, such as a cross or yarmulke.
- An employer segregates certain religious groups in the workplace or keeps them from externally facing positions because of actual or perceived customer preference.
Disability discrimination
Disability discrimination in the workplace occurs when an employee or job applicant is treated unfairly because of their physical, mental or intellectual impairment disability.
Examples of disability discrimination in the workplace include but aren’t limited to:
- An employer refuses to hire an applicant with a disability, even though they’re qualified for the job and can perform the essential job duties with reasonable accommodations.
- An employee is subjected to harassment or negative attitudes from colleagues or supervisors, such as being called derogatory names or being excluded from social activities, because of their disability.
- An employer fails to provide reasonable accommodations, such as assistive technology or adjusted work schedules, for an employee with a disability.
- An employee with a disability is denied a promotion or isn’t given the same job responsibilities as their colleagues, even though they’re capable of performing the job duties with reasonable accommodations.
- An employer sets qualification standards or job requirements that have a disproportionate impact on individuals with disabilities and doesn’t consider reasonable accommodations.
Pregnancy discrimination
Pregnancy discrimination in the workplace occurs when an employee or job applicant is treated unfairly because of their pregnancy, childbirth or related medical conditions.
Here are some examples of pregnancy discrimination in the workplace, though this list isn’t exhaustive:
- An employer refuses to hire a job applicant because they’re pregnant.
- An employee is denied a promotion or isn’t given the same job responsibilities as their colleagues because of their pregnancy or related medical conditions.
- An employer fails to provide reasonable accommodations for an employee who’s pregnant, such as allowing more frequent breaks or providing a temporary transfer to a less physically demanding job.
- An employee is subjected to harassment or negative attitudes from colleagues or supervisors because of their pregnancy, such as being told that they shouldn’t work because they’re pregnant.
- An employer refuses to provide health insurance coverage for pregnancy-related medical expenses while providing coverage for other medical expenses.
Additionally, employers 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
Compensation discrimination
Compensation discrimination in the workplace occurs when an employee is paid less than their colleagues who perform the same job and have similar qualifications, based on their membership in a protected class such as race, gender, age or disability. Also called wage discrimination, compensation discrimination can also occur when employees are offered unequal opportunities for pay increases, bonuses or other forms of compensation.
Examples of compensation discrimination in the workplace include but aren’t limited to:
- A female employee is paid less than her male colleagues who perform the same job and have similar qualifications.
- An older employee is paid less than their younger colleagues who perform the same job and have similar qualifications.
- A black employee is paid less than their white colleagues who perform the same job and have similar qualifications.
- An employee with a disability is paid less than their colleagues who perform the same job and have similar qualifications.
- An employee isn’t offered the same opportunities for pay increases or bonuses as their colleagues who perform the same job and have similar qualifications, based on their membership in a protected class.
National origin discrimination
National origin discrimination in the workplace occurs when an employee or job applicant is treated unfairly because of their country of origin, ethnicity or accent.
Examples of national origin discrimination in the workplace include but aren’t limited to:
- An employer refuses to hire a job applicant because of their national origin, even though they’re qualified for the job.
- An employee is denied a promotion or isn’t given the same job responsibilities as their colleagues because of their national origin.
- An employer requires employees to speak only English in the workplace, even though it’s not necessary for job performance.
- An employee is subjected to harassment or negative attitudes from colleagues or supervisors because of their national origin, such as being told, “Go back to your own country.”
- An employer denies an employee opportunities or benefits given to other employees, such as training or access to company resources, because of their national origin.
In addition, employers 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.
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
How do you prove discrimination in the workplace?
Proving discrimination in the workplace can be challenging. The burden of proof falls on the employee alleging the discrimination, which means that you must provide sufficient evidence to support your claim.
The following can help support your case.
1. Document incidents
Keep a written record of any discrimination. Include the date, time and details of what happened for each occurrence. This can help provide a clear timeline of events and demonstrate a pattern of discriminatory behavior.
2. Gather evidence
Collect any relevant evidence that supports your claim, such as emails, memos or other documents that demonstrate discriminatory behavior.
3. Identify witnesses
If there were witnesses to the discriminatory behavior, gather their contact information and ask if they’re willing to provide a statement or testify on your behalf.
When to talk with a lawyer
If you believe that you’ve been a victim of workplace discrimination or harassment, it may be helpful to consult with an experienced employment attorney. An attorney can help you understand your legal rights, assess the strength of your case and advise you on the best course of action. They can also represent you in negotiations or legal proceedings, such as filing a lawsuit.
Sofie is a writer. She lives in Brooklyn.
