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Employment Law

Everything You Need to Know About Workplace Discrimination by Discrimination Type: What Are the Different Types of Discrimination at Work?

Learn about the different types of workplace discrimination through this comprehensive guide.

Workplace discrimination occurs when a person or group is not treated fairly or equally because of a particular characteristic they possess. There are some protected classes that legally can’t be discriminated against in the workplace including hiring and firing and these include those people who are members of the following groups: 

  • race, 
  • ethnicity,
  • gender identity, 
  • age, 
  • pregnancy, 
  • disability, 
  • sexual orientation,
  • religious beliefs, 
  • national origin. 

When discrimination occurs, it affects the victim’s well-being and can emerge in several ways including inflicting low self-esteem, fear and stress, and could even lead to poor health. Employment laws are the main way of protecting employees from discrimination and its negative effects. There are several kinds of discrimination which can include the following: 

  • direct discrimination, when no effort is taken to conceal it; 
  • indirect discrimination, which can make it hard for the victim to prove it has taken place because the employer makes every attempt to hide it, such as not putting an employee of a particular color in a job which involves ongoing contact with the public; 
  • harassing an employee, such as teasing and taunting so the employee voluntarily resigns from a job; 
  • retaliation, which is when an employer has punished an employee for whistle blowing by wrongfully terminating. 

What Is Employment Discrimination? 

The EEOC protects employees from employment discrimination in the following situations:

  • Unfair treatment as a result of the employee’s color, race, sex (including sexual orientation, gender identity, and pregnancy), religion, national origin, age (age 40 or older), disability, or genetic information.
  • Harassment by co-workers, managers, or others in the workplace, due to the employees’ color, race, sex (including sexual orientation, gender identity, and pregnancy), religion, national origin, age (age 40 or older), disability, or genetic information.
  • Denial of a change in the workplace that the employee requires s to accommodate a religious belief or disability.
  • Unacceptable questions about or disclosure of an employee’s genetic information or medical information.
  • Retaliation because an employee files a complaint about job discrimination or assisted with a job discrimination legal case, including an investigation or lawsuit. 

What Qualifies as Workplace Discrimination? 

It is not easy to prove you have suffered illegal discrimination in your workplace. For example, you have to prove that it is workplace discrimination you have experienced and not just unfair treatment. Federal and state laws state that employers are not permitted to make employment decisions about an employee or employees like who to hire, fire, or promote based on protected characteristics mentioned in the introduction.

There are cases of unfair treatment such as being refused promotion because your employer decided to hire their best instead of you. You may have worked hard in the hope of being promoted but your employer chose someone else based on favoritism as there is no law prohibiting this type of action. However, if you heard from a work colleague, a conversation in your workplace, or a circulating email that you were rejected for promotion due to being pregnant this is illegal, and you can file a complaint and demand compensation for this illegal act. 

Why is Employment Discrimination Illegal?  

There are several reasons why discrimination in the workplace is illegal. Firstly, it promotes a tense work environment and often leads to workers not being as productive as they could be. Secondly, making employment decisions based on an employee’s gender, age, sexual orientation, race, or even religion means an employer may overlook experience and skill. This discrimination also hurts the employees who rightfully deserve to be promoted or hired, but this does not happen because of the employer’s actions. Thirdly, it could damage the potential income-earning capacity of employees. 

What Are The Different Types of Employment/Workplace Discrimination? 

The U. S. Equal Employment Opportunity Commission lists the following types of discrimination as illegal:

  • age, whether older or younger;
  • disability status;
  • gender;
  • genetic information; 
  • harassment, such as an employer discriminating against you after you accused him or her of harassment;
  • national origin;
  • pay equality;
  • pregnancy;
  • religion;
  • retaliation such as wrongfully terminating because the employee reported an illegal act by your employer  such as allowing discrimination in the workplace; 
  • whistle blowing such as lodging a complaint about your employer’s illegal activity; 
  • your race or the color of your skin. 

What Can I Do If I’ve Been Illegally Discriminated Against At Work?  

If you have the evidence that proves you have been discriminated against at work because of your color, race, sex (including sexual orientation, gender identity, and pregnancy), religion, national origin, age (40 or older), disability, or genetic information, you can file a Charge of Discrimination with the EEOC. This is a signed statement stating that your employer, union or labor organization has engaged in employment discrimination. It is requesting that the EEOC takes some action. The first thing the EEOC will do is notify your employer of the charge.

A Charge of Discrimination can be completed through the EEOC’s online system, in person at a local EEOC office or by phone.  If your state has an agency that enforces laws prohibiting employment discrimination, you may file your complaint with them. This has the same result as filing with the EEOC as the two agencies work collaboratively.

There is a 180-calendar-day filing deadline which can be extended to 300 calendar days if a local or state agency enforces a local or state law that forbids employment discrimination with the same rules as the EEOC. The rules are a little different for charges of age discrimination. 

Conclusion 

Federal law protects you from at least 12 types of workplace discrimination and if you have the evidence to prove discrimination in the workplace you should file a charge of discrimination with the EEOC or your state agency. Deadlines apply so you should get your charge of discrimination in as soon as you can. An employment discrimination lawyer has the knowledge to help you with your claim of discrimination and may be able to help you submit your charge. 

Get a Free Case Evaluation. 

To get connected with a discrimination lawyer who takes cases in your area and can help you today, take 60 seconds to fill out the Free Case Evaluation form on this page now. 

Additional Resources 

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