What is Workplace Discrimination? How Do You Handle Them?

Every workplace should foster a sense of community and good rapport. In fact, it should happen no matter an employee’s position. The safer we feel in our workplace, the more we can voice out concerns. Then, we can create new solutions to problems.

Workplace diversity benefits yield and innovation. But not all people appreciate the fresh opinions and actions it offers. Conflict can start when prejudice is present within the company.

“Discrimination” is a word we often hear but rarely fully understand. It is vital for everyone in the workplace to understand what it is. Without the proper knowledge, we cannot respond to prejudiced cases. We might not even realize when it happens to us.

A post-pandemic workplace can look different for every company. But we all need to ensure that our workplaces are safe. Equip yourself with the tools you need to overcome this challenge. This article aims to provide a picture of how prejudice happens in the workplace. We will also discuss what you can do to handle it.

Defining Workplace Discrimination

This problem may happen anywhere, including the workplace. It occurs when employers or coworkers mistreat someone due to prejudice. Workers, whether prospective or not, have a right to receive fair treatment. The most common factors that influence bigotry include these:

Age
Disability
Genetic information
Race
National origin
Religion
Sex and gender

This right applies in all stages of employment. That includes hiring, training, promotions, wages, benefits, and firing.

It occurs when employers take drastic actions for asking or discussing pay. It can happen directly to a person or an entire group.

It is your right to be able to work without prejudice. The government also protects this right. Federal laws are in place to help keep in check any bigotry that may occur in the workplace. Many agencies work hand in hand to protect Americans from this problem.

Meet the U.S. Equal Employment Opportunity Commission (EEOC). It is responsible for enforcing federal laws that protect workers. It also helps job applicants. The commission investigates bigotry charges against employers too.

There’s also the Office of Federal Contract Compliance Programs (OFCCP). It protects workers and applicants of government-joint companies.

Against Age

In any workplace, you can expect both new and old faces. The joy of diversity is the unique experience of each employee. The United States rapidly becomes an aging population. More people in the workforce thrive and enjoy their careers regardless of age. But many receive backlash because of how old they are.

Jo Ann Galvan, a business consultant, recounts in her comment:

“I’ve received backlash from people for not dyeing my hair anymore and allowing the gray to shine. Or comments like “You are so brave!” No, I’m embracing every stage of life. I’m in my 50s. I have no desire to look 30.”

Employers and employees can’t discriminate against someone based on age. That is when they are 40 or older. The Age Discrimination Act of 1967 (ADEA) protects this right. It includes hiring, compensation, promotion, terms, conditions, and discharge.

The act doesn’t protect younger employees. But some state and local laws protect them from prejudice and harassment.

Against Disability

It occurs when someone gets mistreated for their condition. This prejudice may happen as a one-off. It can also be barriers that make working difficult. That includes contact modes or physical aspects.

Several laws protect employees from it. Their scope includes seeking jobs and actual employment. These are:

Americans with Disabilities Act
Workplace Innovation and Opportunity Act
Civil Service Reform Act
Vietnam Era Veterans’ Readjustment Assistance Act
Rehabilitation Act

The Office of Disability Employment Policy’s website provides complete summaries of these acts.

Against Genetic Information

Everyone wants to work at their best. For this to be possible, we must take care of our physical health. This process looks different for everyone, depending on their existing genetic information.

Genetic information depends on genetic tests and family medical history. It can determine if you have an increased risk for some conditions or diseases. It also includes the following:

The request or receipt for genetic services
Presence in clinical research that uses genetic tests

It also covers the fetus or legal embryo of a person or their family member.

Employers cannot decide based on an employee’s genetic information. Title II of the Genetic Information Nondiscrimination Act of 2008 protects against it. This law prohibits the use of this data during employment.

It restricts employers from requesting this sensitive data from employees. Disclosing medical history is also unlawful.

Against Race and National Origin

The Pew Research Center surveyed Americans. Most think being Hispanic or black negatively affects their ability to get ahead.

Stacie M. de Armas, a diversity strategist, shares on Latina Equal Pay Day:

“Latinas make up more than 16% or 11.5M of the female labor force. And are the largest group of minority women in the United States workforce today. Yet sadly, #Latinas are the lowest-paid group across ANY demographic.”

This prejudice occurs when you get mistreated because of your race. The EEOC prohibits various forms of it in the workplace.

Employers cannot mistreat you because of the following:

Your skin color, hair texture, and other features
Your association with a particular race, color, or ethnic background
Your national origin

Your race shouldn’t matter in your work environment.

Against Religion

It happens when a person is treated differently based on religion. Religious prejudice may come in the following forms:

Unfair treatment in any employment aspect, such as hiring, benefits, layoff, and promotions
Workplace or job segregation
Not honoring beliefs and practices such as religious traditions and dress codes
Forced presence in a religious activity

The EEOC has a complete summary of the federal laws that protect employees from these things.

There are over 4,000 recognized religions all over the world. It is more than possible to meet a co-worker or employer subscribing to a different faith. That is why workplaces must be free of any kind of religious prejudice.

Against Sex and Gender

We have Title VII of the Civil Rights Act of 1964. It prohibits bigotry against sex, gender identity, and sexual orientation. Under state law, an employer can’t mistreat an employee based on these things. It also covers prejudice against pregnancy in terms of employment.

Sexual harassment is unlawful. That includes unwanted advances and the exchange of sexual favors. Employment policies that harm those of a specific sex are illegal too.

Handling Workplace Prejudice

Chanda A. Hand shares this quote from Ken Charles, VP of General Mills. They testified before Congress on the Employment Non-Discrimination Act in 2012:

“If employees cannot bring their full selves to work. And if employees live in fear of being treated differently simply based on who they are. It comes at a cost to the company.”

Bigotry hinders productivity, well-being, and success. You must know how to handle it properly to ensure everyone’s safety. The same goes for whether you’re an employer or an employee.

As an Employer

Everyone must ensure that prejudice doesn’t happen. But employers play a huge role in keeping the workplace free from this problem. An ideal culture creates chances for employees to grow and succeed. But that cannot happen if prejudice runs rampant.

Here’s how to help ensure bigotry doesn’t run scot-free in your company:

Treat Harassment or Discrimination Complaints Promptly and Fairly

Show your employees that they are valued members of your company. That goes a long way in ensuring their workplace remains safe and diverse. Demonstrate this by doing the following:

Step up and follow protocol when there are harassment or hatred complaints
Show willingness to interview both parties
Treat the employee who brought the complaint with respect
Understand their situation
Do everything to address the matter fairly and promptly

Note that sensitive proceedings should remain confidential. That lets you resolve the matter without adding an emotional burden to the victim. If a government agency gets involved, allow them to take charge. Provide whatever assistance they may require from you and the company.

Take appropriate action against the harasser if bigotry occurred.

Develop and Enforce Company Anti-Discrimination Policies

Anti-discrimination policies help squash prejudice. Develop these in line with core values and mission to help keep employees safe. Train supervisors and managers to respond to complaints properly. When you have received a report, follow the procedures and policies for it.

Since there are many types of discrimination, it can be difficult to know where to start. Do you need more resources to help create company policies? Take the EEOC, for example. It has disability-related resources to help start the process.

Interview your teams and employees to learn what they need from the management. Doing that will help keep your workplace discrimination-free.

Educate everyone about discrimination and respecting differences

As an employer, you have to do the following:

Monitor potential prejudiced behavior
Facilitate proceedings
Help prevent bigotry from happening in the workplace

It is everyone’s duty to keep each other safe. It takes a collective to fight against workplace prejudice. There are many ways to achieve this, such as:

Equality training to educate everyone about respecting each other in the workplace
Cultivate a safe working environment
Encourage workers to respect and appreciate differences
Empower employees to stay vigilant against workplace bigotry

To sum it up, Aaron Kroon shares this in his post:

“First step in counter-acting discrimination is to lead by example. Acknowledge that it actually exists. When your organisation sees that diversity and inclusion are important to you. They will also be committed to these issues.”

As An Employee

Discrimination can take different forms. Experiencing it can harm your physical, mental, and social health. You can take action with these steps:

Get Legal Help to Deal with Workplace Prejudice

Dealing with bigotry at work can feel overwhelming and stressful. Getting legal help can take the pressure of handling it by yourself. Consult an attorney to navigate the legal side of your situation. They help you verbalize your concerns before going to your employer.

Review Your Company’s Safety Policies and Federal Laws

Get hold of your company’s policies and procedures. Learn how your company will respond to your complaint to know how they can help you. Be careful and strict about following procedures when filing a complaint. You may also review federal laws that protect you.

Make Sure Your Employer is Aware and Ask for a Written Report

Mahir S. Nisar, an employment discrimination lawyer, says it best in his post:

“When you recognize that you are being unfairly treated due to your race, religion, gender, sexual orientation, disability, or age it is imperative that you know how to stand your ground in a safe and effective manner.”

Keep your rights protected. Also, report any instances of prejudice to your employer. Ask for a written report of their probe, more so if it was a recurring situation. You can also take your case to a state agency, such as the EEOC. That will help ensure you get the attention needed to resolve your case.

Compile records of the incidents, whether in paper, audio, or video. Record important data such as the following:

Date
Place
People involved in the issue

Evidence can help the probe and prove that the unfairness took place.