Workplace discrimination occurs when an employer treats an applicant or employee less favorably merely because of a person's race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran, among other legally protected characteristics. Understanding these types is crucial for fostering fair and equitable work environments.
Discrimination can manifest in various ways, from overt actions to subtle biases embedded in policies and practices. Federal laws, enforced by agencies like the U.S. Equal Employment Opportunity Commission (EEOC), prohibit discrimination based on specific protected traits.
Protected Characteristics & Common Types of Discrimination
Employers are prohibited from discriminating against individuals based on a range of protected characteristics. Here's a breakdown of the most common types:
1. Race and Color Discrimination
This involves treating someone unfavorably because they are of a certain race or because of characteristics associated with race, such as hair texture, skin color, or certain facial features. Color discrimination specifically relates to an individual's skin pigmentation, regardless of race.
Examples:
- Refusing to hire a qualified candidate based on their racial background.
- Creating a hostile work environment through racial slurs or offensive jokes.
2. Religious Discrimination
This type of discrimination occurs when an individual is treated unfavorably because of their religious beliefs or practices. It includes discrimination against those who do not hold religious beliefs. Employers must reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause an undue hardship on the business.
Examples:
- Refusing to grant a reasonable accommodation for religious observances, such as prayer times or wearing religious attire.
- Harassing an employee for their religious faith.
3. Sex, Sexual Orientation, and Gender Identity Discrimination
This encompasses discrimination based on an individual's sex (including pregnancy), sexual orientation, or gender identity.
- Sex Discrimination: Unfavorable treatment due to one's gender. This also includes sexual harassment, which involves unwelcome sexual advances or conduct that creates a hostile work environment.
- Pregnancy Discrimination: Treating a woman unfavorably because of pregnancy, childbirth, or a related medical condition.
- Sexual Orientation & Gender Identity Discrimination: Discrimination based on whether a person is lesbian, gay, bisexual, transgender, or queer (LGBTQ+). This includes treating someone unfavorably because of their gender identity (e.g., being transgender) or expression.
Examples:
- Denying a promotion to a woman because she is pregnant.
- Harassing an employee because they identify as transgender.
- Paying an employee less than a coworker of the opposite sex for the same job.
4. National Origin Discrimination
This occurs when an individual is treated unfavorably because they are from a particular country or part of the world, because of their ethnicity or accent, or because they appear to be of a certain ethnic background.
Examples:
- Not hiring someone because of their accent, even if it doesn't interfere with job performance.
- Imposing English-only rules without business necessity.
5. Disability Discrimination
This involves treating a qualified individual with a disability unfavorably. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship.
Examples:
- Refusing to hire someone with a disability who can perform the essential functions of the job with or without reasonable accommodation.
- Failing to provide accessible facilities or equipment when requested.
6. Age Discrimination
The Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age.
Examples:
- Laying off older employees while retaining younger, less experienced ones.
- Stating a preference for "recent graduates" in job advertisements, implicitly discouraging older applicants.
7. Genetic Information Discrimination
The Genetic Information Nondiscrimination Act (GINA) makes it illegal to discriminate against employees or applicants because of genetic information. This includes information about an individual's genetic tests, the genetic tests of family members, or the manifestation of a disease or disorder in family members (family medical history).
Examples:
- Refusing to hire an applicant because their family medical history indicates a predisposition to a certain disease.
- Requesting genetic information from an employee.
8. Veteran Status Discrimination
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects individuals who serve or have served in the uniformed services from discrimination in employment based on their military service.
Examples:
- Denying reemployment to a veteran after their military service, if they meet eligibility requirements.
- Harassing an employee because of their past or present military service.
Forms of Discriminatory Practices
Beyond the characteristics, discrimination can also be categorized by how it occurs:
-
Disparate Treatment (Direct Discrimination): This is intentional discrimination where an employer treats an individual differently based on a protected characteristic.
- Example: Refusing to promote a woman because of stereotypical beliefs about women's leadership abilities.
-
Disparate Impact (Indirect Discrimination): This occurs when a seemingly neutral policy or practice disproportionately affects a protected group, even if there was no intent to discriminate.
- Example: A height requirement for a job that disproportionately excludes women or certain ethnic groups, without a clear business necessity.
-
Harassment: Unwelcome conduct based on a protected characteristic that creates a hostile work environment or results in an adverse employment decision.
- Example: Persistent offensive jokes or comments about someone's race or sexual orientation.
-
Retaliation: Punishing an applicant or employee for exercising their rights under anti-discrimination laws, such as filing a complaint, participating in an investigation, or opposing discriminatory practices.
- Example: Firing an employee after they report sexual harassment.
Preventing Discrimination in the Workplace
Addressing discrimination requires proactive measures from employers. Key steps include:
- Clear Policies: Implementing and communicating comprehensive anti-discrimination and anti-harassment policies.
- Training: Regular training for all employees, especially managers, on recognizing and preventing discrimination and harassment.
- Reporting Mechanisms: Establishing clear, accessible, and safe channels for reporting incidents without fear of retaliation.
- Prompt Investigation: Thoroughly and impartially investigating all complaints of discrimination.
- Corrective Action: Taking appropriate disciplinary and corrective action when discrimination is found.
- Promoting Diversity & Inclusion: Fostering a workplace culture that values diversity and ensures equitable opportunities for all.
Understanding the diverse types of workplace discrimination and their manifestations is the first step toward creating truly inclusive and fair professional environments.
