Workplace Discrimination

Types of Workplace Discrimination

Racial Discrimination

Race discrimination in the workplace is illegal. Despite this, we still see employers harassing, retaliating against, and creating hostile work environments for some employees based on their race. This is unacceptable. Employers’ racially biased decisions can be reflected in the hiring or promotion process, pay practices, discipline and even termination.

Age Discrimination

Federal and state laws prohibit employers from discriminating against employees based on their age. If a person is forty years old or older and is subject to any of the following, he or she may be dealing with age discrimination:

• Biased comments such as name calling like “grandma” or old age jokes specifically directed at the older employee;
• Better treatment of younger employees of the same job description;
• More lenient discipline of younger employees for the same or similar conduct;
• Hiring only younger people;
• Harassment consistently aimed at older employees; and
• Getting passed over for promotions in favor of younger employees with fewer qualifications.

Religious Discrimination

The law makes it clear that employers cannot discriminate against an employee based on the employee’s religious beliefs or lack of religious beliefs. The laws are specific in detailing the types of discriminatory actions that are unacceptable, including: refusal to hire; unfair treatment in the workplace; harassment; withholding promotions an employee is otherwise qualified for; termination; and asking for and/or documenting an employee’s religion.

Pregnancy Discrimination

The Pregnancy Discrimination Act (PDA) prohibits employers from making any adverse decision about a women’s employment based on her pregnancy, childbirth, or any medical condition related to those things. If a woman is temporarily unable to do her job, the employer must treat her the same way they would treat any disabled employee by providing reasonable accommodations such as light duty, medical leave, or possibly a different assignment.

The Pregnant Workers Fairness Act of 2023 expanded on the protections for pregnant workers. Under this law, pregnant workers have the right to receive reasonable accommodations, for pregnancy, childbirth recovery, and related medical conditions (including lactation), unless it would be an undue hardship on the employer. Employees are also entitled to protection from retaliation under the law.

Sex and Gender Discrimination

The law also prohibits employers from making employment related decisions based on one’s gender or sexual orientation/identity. If an employer has prevented an employee from getting a raise, a promotion, participating in certain activities, or has otherwise treated an employee differently because of their gender or sexual orientation/identity, they may be in violation of the law.

Discrimination By Nation of Origin or Ethnicity

This type of discrimination is based on a person’s country or place of origin or of that of their ancestors. It’s not the same as race discrimination or discrimination due to someone’s skin color, although these are also protected classes under Title VII.

Disability Discrimination

The Americans with Disability Act (ADA) became law in 1990. It protects employees who have a physical or mental impairment that significantly affects one or more daily life activities from being discriminated against in the workplace. It also protects employees who have a significant relationship with someone who is disabled from discrimination. The law requires employers to make reasonable accommodations to allow applicants or employees to successfully perform their job duties. In addition to the ADA, most states have laws that provide similar protections to employees with disabilities.

Discrimination By Genetic Information

The Genetic Information Nondiscrimination Act (GINA) prohibits the use of genetic information in employment. The law prohibits employers from using individuals’ genetic information, including a genetic predisposition to developing a disease in the future, when making hiring, firing, job placement, or promotion decisions.

If you or someone you know has suffered discrimination in the workplace, call us today at 419-243-9005.