What is workplace discrimination, and what constitutes discrimination against

employees or job applicants? Employment discrimination happens when an

employee or job candidate is treated unfavorably because of age, disability,
genetic information, national origin, pregnancy, race or skin color, religion, or
sex. In addition, federal laws against discrimination protect workers from
retaliation for “asserting their rights to be free from employment discrimination.”
It is illegal to discriminate based on these protected characteristics when hiring or
in the workplace.
What Is Workplace Discrimination?
Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate in hiring,
discharge, promotion, referral, and other facets of employment, on the basis of
color, race, religion, sex, or national origin. This is enforced by the Equal
Employment Opportunity Commission (EEOC).
In addition, the U.S. Supreme Court has ruled that Civil Rights Act provision
banning discrimination in the workplace protects LGBTQ employees from being
fired because of their sexual orientation.
Federal contractors and subcontractors must take affirmative action to guarantee
equal employment opportunity without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin. Executive Order 11246 is
enforceby the Office of Federal Contract Compliance Programs (OFCCP).

Discrimination vs. Harassment

What's the difference between discrimination and harassment? Harassment is a
form of discrimination. As with discrimination, there are different types of
harassment, including unwelcome behavior by a co-worker, manager, client, or
anyone else in the workplace, that is based on race, color, religion, sex (including
pregnancy), nationality, age (40 or older), disability, or genetic information.
Different Types of Workplace Discrimination
Workplace discrimination occurs when an individual is discriminated against due
to any number of factors. In addition to the reasons listed above, employees and
job applicants can also be discriminated against because of their relationship to
another person. For example, an employer is legally prohibited from refusing to
hire a job candidate because their spouse is disabled and they fear that the
candidate’s caregiving responsibilities may interfere with their work. This would
be discrimination under the ADA, even though the candidate is not the disabled
party. Review this list of the different types of employment discrimination,
examples of workplace discrimination, and tips for handling workplace
discrimination issues.
Age
Gender
Race
Ethnicity
Skin Color
National Origin
Mental or Physical Disability
Genetic Information
Relationship to someone who may be discriminated against
Pregnancy or Parenthood
Examples of Employment Discrimination
Employment discrimination could occur in any number of situations, including:
Stating or suggesting preferred candidates in a job advertisement
Excluding potential employees during recruitment
Denying certain employees compensation or benefits
Paying equally-qualified employees in the same position different salaries
Discriminating when assigning disability leave, maternity leave, or
retirement options
Denying or disrupting the use of company facilities
Discrimination when issuing promotions or lay-offs
Discrimination Legislation and Issues
There are several types of workplace-based discrimination that have been
addressed by and are protected under federal legislation. These include:
Age Discrimination in the Workplace
Age discrimination is a practice specifically prohibited by law. With a few rare
exceptions, companies are forbidden from specifying an age preference in job
advertisements.
Employees must receive the same benefits regardless of age, the only exception
being when the cost of providing supplemental benefits to young workers is the
same as providing reduced benefits to older workers. Also, age discrimination in
apprenticeship programs or internship opportunities is illegal.
Disability Discrimination
The Americans with Disabilities Act (ADA) of 1990 made it illegal to discriminate
against qualified job candidates or employees on the basis of disability. In
practical terms, this means that employers cannot refuse to hire disabled
candidates or penalize disabled workers purely for their disabilities. The
Rehabilitation Act of 1973 prohibits discrimination in federal employment on
much the same terms as the ADA.
Sex and Gender Discrimination in the Workplace
The Equal Pay Act of 1963 states that employers must give men and women equal
pay for equal work. Further, the act specifies that job content, not title,
“determines whether jobs are substantially equal.”
Title VII of the Civil Rights Act also prohibits discrimination on the basis of sex. In
short, it is illegal for employers to pay men and women different salaries based on
their sex or gender.
Pregnancy Discrimination in the Workplace
Pregnancy-based discrimination is illegal. Employers are required to handle
pregnancy in the same way that they would handle a temporary illness or other
non-permanent condition that would necessitate special consideration. Job
seekers have the same rights as employees, and both are protected by the
Pregnancy Discrimination Act (PDA) passed in 1978.
Race Discrimination in the Workplace
It is illegal to treat either a job applicant or an employee unfavorably because
they are of a certain race or because of personal characteristics associated with
race. Color discrimination, which is treating someone unfavorably because of skin
color complexion, is also illegal.
Religious Discrimination in the Workplace
It is illegal for employers to discriminate based on an individual's religious
customs. Businesses are required to make reasonable accommodation of an
employee's religious beliefs, as long as doing so doesn't have excessive negative
consequences for the employer.
What is a Hostile Work Environment?
A hostile work environment is created when harassment or discrimination
interferes with an employee’s work performance or creates a difficult or offensive
work environment for an employee or group of employees.
Unlawful Discrimination and Harassment
It's important to note that discriminatory practices can occur in any aspect of
employment. It is illegal for an employer to make assumptions based on race,
gender, or age-related stereotypes, and it's also unlawful for an employer to
assume that an employee may be incapable because he or she is disabled.
Additionally, companies are prohibited from withholding employment
opportunities from an employee because of his or her relationship with someone
of a certain race, religion, or ethnicity. Unlawful discrimination also includes
harassment based on legally protected personal traits, including (but not limited
to) race, gender, age, and religion.
Employment Discrimination Complaints
Under United States laws, companies are prohibited from subjecting employees
to unfair treatment or blatant discrimination based on these legally-protected
characteristics. Also, it is illegal for an employer to retaliate against a person who
has filed a complaint about discrimination or participated in a related
investigation.
Conclusion
Discrimination in the workplace is unethical and has negative effects on the
employee and the company both. The employee could face mental and emotional
stress and the employer could face a lawsuit, as well as a negative reputation.
Without workplace discrimination, both the employer and the employee could
have a positive work environment and experience together.
Suggestions
The average person will spend approximately 90,000 hours at work over a
lifetime. This is about one-third of our life, which means, besides home, the
workplace is where we spend the majority of our time.
For this reason, it is important that we feel safe, not mistreated or discriminated
against in the workplace. Companies have to learn how to prevent discrimination
in the workplace.
They can do this by taking a closer look at companies' practices or policies to
ensure employees' needs are taken into consideration, as otherwise, productivity,
performance, staff commitment, and morale can be affected.
Unfortunately, this issue is often overlooked or not spoken widely about, leaving
employers and employees in the dark when it comes to dealing with
discrimination. In several cases, this will also lead to employee turnovers due to a
lack of effective measures to stop the problem.