Work and Employment
Discrimination in the Workplace: A Complete Guide for Employees
In this guide designed for employees, we cover what is discrimination in the workplace, the types of discrimination, and how to take legal action if you decide to hire a workplace discrimination lawyer.
By:
Chelsea Spinos
Reviewer:
Timothy Lenahan, Esq.
8 min read • May 14, 2024
Key takeaways
Workplace discrimination is the unjust treatment based on protected characteristics like race, gender, sex, age, disability, religion, or pregnancy.
In Fiscal Year 2023, the EEOC received 81,055 new charges of discrimination, representing a more than 10% increase from the previous fiscal year.
Each type of discrimination of the workplace is protected by federal laws since they are considered protected characteristics.
Understanding the signs of discrimination in the workplace and keeping evidence can be useful for building your case.
Having a workplace discrimination lawyer by your side can be invaluable. At Manifest Law, our experienced team can guide you through the process and provide representation. Plus, you only pay if we win your case.
Picture yourself working hard to climb the corporate ladder, only to hit a glass ceiling because of your gender, race or disability. This frustrating reality is just one example of how workplace discrimination continues to hinder career advancement and fairness in the workplace for many.
In this guide designed for employees, we cover what is discrimination in the workplace, the types of discrimination, and how to take legal action if you decide to hire a workplace discrimination lawyer.
Discrimination in the workplace refers to the unfair or unequal treatment of individuals or groups based on certain protected characteristics, such as race, gender, age, disability, religion, sexual orientation, or pregnancy.
There are various forms of discrimination that can manifest in the workplace, including direct discrimination, indirect discrimination, harassment, and victimization.
Direct discrimination
Direct discrimination occurs when someone is treated less favorably than others because of a protected characteristic. For example, refusing to hire someone solely because of their age would be considered direct discrimination.
Indirect discrimination
Indirect discrimination, on the other hand, happens when policies or practices that seem neutral actually disadvantage certain groups. An example could be having a requirement for job applicants to have a certain level of physical fitness, which could have an impact on people with disabilities.
Harassment
Harassment is another form of discrimination in the workplace, like when someone makes offensive comments or jokes about someone's race or gender. Victimization occurs when someone is treated unfairly because they have made a complaint about discrimination or have supported someone else's complaint.
Ultimately, discrimination in the workplace can harm the well-being and mental health of employees, contributing to feelings of stress and anxiety. It can erode trust, lower morale, and create a hostile work environment.
Discrimination in the workplace isn't just unfair to employees—it's bad for business too. It can make a company less productive and make it harder to keep good employees. That's why it's so important for companies to create a fair and respectful workplace where everyone feels valued and treated equally, no matter who they are.
If you’re facing discrimination in the workplace, know that you aren’t alone. Unfortunately, it’s more common than you think – here are some stats that prove it.
In Fiscal Year 2023, the EEOC received 81,055 new charges of discrimination, representing a more than 10% increase from the previous fiscal year
In 2023, the EEOC resolved 83,787 charges of workplace discrimination through mediation, settlements, and litigation, resulting in $346.2 million in monetary benefits for victims of discrimination.
Over 40% of American workers over the age of 40 have experienced Age discrimination in the workplace.
Do these numbers resonate with your experiences? If you believe you're part of these statistics, don't hesitate to reach out to a workplace discrimination lawyer. At Manifest Law, we bring decades of experience and have helped countless individuals get the justice they deserve.
Reach out to get an evaluation the strength of your case.
Discrimination in the workplace takes various forms, including age, race, gender, sexual orientation, disability, religion, and pregnancy discrimination.
Each of these types of workplace discrimination is protected by federal laws since they are considered protected characteristics.
Type of workplace discrimination
Age Discrimination
Racial Discrimination
Gender Discrimination
Sexual Discrimination
Disability Discrimination
Religious Discrimination
Pregnancy Discrimination
Definition
This happens when someone is treated unfairly because of how old they are. It often affects older workers, but younger individuals can also be impacted.
This occurs when someone is treated unfairly because of their race, skin color, nationality, or ethnic background.
This involves treating someone unfairly because of their gender, including biases against men, women, or non-binary individuals.
This refers to unfair treatment based on someone's sex or gender.
This is when individuals with disabilities are treated unfairly, which can include not providing necessary accommodations or discriminating against them because of their disability.
This happens when someone is treated differently because of their religious beliefs or practices, including harassment or unfair treatment based on religion.
This occurs when an employee is treated unfairly because they are pregnant, have recently given birth, or have related medical conditions.
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Age discrimination in the workplace targets people based on their age when it comes to decisions about hiring, promotions, and layoffs. Often, older workers are unfairly viewed as less productive or adaptable, or their technological skills are underestimated. This can lead to situations where older employees are passed over for promotions or laid off, despite their qualifications and experience.
This form of discrimination in the workplace creates barriers for older employees seeking to progress in their careers, and can impact promotion and hiring decisions. Additionally, older workers may face disproportionate layoffs during a company restructure,creating challenges in maintaining stable employment.
Examples of age discrimination in the workplace:
Despite being qualified, you as an older employee repeatedly misses out on promotions given to younger colleagues
Older employees being excluded from training or roles involving new technology
Older employees being the first to get laid off during a company restructure, even though they perform the job well
In the United States, the Age Discrimination in Employment Act (ADEA) protects workers aged 40 and older from discrimination in the workplace. This law makes it illegal for employers to discriminate against older employees when it comes to hiring, firing, promotions, pay, and other employment decisions.
Additionally, some states may have their own laws and regulations that offer further protections against age discrimination in the workplace.
For instance, California's law tends to be broader and more protective than federal law, offering additional safeguards for older workers. In New York, the
New York State Human Rights Law (NYSHRL) prohibits age discrimination in employment. NYSHRL protects individuals aged 18 and older from discrimination based on age in all areas of employment, such as hiring, firing, promotions, compensation, and terms and conditions of employment.
Racial discrimination in the workplace is when people are treated unfairly because of their race, ethnicity, or skin color. Racial discrimination in the workplace can occur because of deeply ingrained prejudices and stereotypes about race that influence hiring decisions, promotions, and the overall treatment of employees.
This form of discrimination can result in unequal opportunities, disparate treatment, and hostile work environments. And, the lack of diversity initiatives within organizations can make racial discrimination even more commonplace, which negatively impacts not only the employee but the company as a whole.
Examples of racial discrimination in the workplace:
White employees within a company are consistently chosen for leadership positions over equally or more qualified employees of color.
An employer assigns more lucrative, high-profile accounts to white employees than those of color
During salary negotiations, white employees are more likely to receive higher initial offers or salary increases compared to equally qualified employees of color
In the United States, there are laws in place to protect workers from racial discrimination in the workplace. The main one is called Title VII of the Civil Rights Act of 1964. It says that employers with 15 or more employees can't treat people unfairly because of their race, color, religion, sex, or national origin.
If someone feels like they've been discriminated against because of their race, they can file a complaint with the Equal Employment Opportunity Commission (EEOC), which is a government agency that handles issues of discrimination in the workplace.
Another important law is the Civil Rights Act of 1991, which adds even more protections against workplace discrimination. It allows people who've been discriminated against to get money for things like emotional distress or punitive damages.
In addition to federal laws, many states and cities have their own rules about racial discrimination in the workplace. For instance, California's FEHA provides extensive protections against racial discrimination in employment. It prohibits discrimination based on race, color, ancestry, national origin, and other protected characteristics. FEHA applies to employers with five or more employees, which is a lower threshold than federal law. This means that smaller employers need to follow California's anti-discrimination laws.
New York's NYSHRL offers protections beyond those provided by federal law. For example, it covers discrimination based on arrest records and familial status, in addition to race.
Gender discrimination in the workplace occurs when individuals are treated unfairly because of their gender identity or sex. This can happen for various reasons, like outdated beliefs about what men and women can or should do in certain roles, or because of stereotypes about gender roles.
Examples of gender discrimination in the workplace include the "glass ceiling" phenomenon, where women face barriers to advancement into leadership roles despite their qualifications and achievements. Practices such as this one can perpetuate gender inequalities and limit the career opportunities and earning potential of women in the workforce.
Examples of gender discrimination in the workplace:
You’re a female employee who is just as capable as your male coworker, but you get passed over for a promotion solely because you’re a woman
The male employees at your workplace get praised for long hours while you face judgment and punishment for prioritizing family or work-life balance
During meetings, the female employees get interrupted when they speak up, or they aren’t given the opportunity to give their say
While gender discrimination in the workplace is unfortunately quite common, there are laws which aim to promote equality and fairness by prohibiting gender discrimination. The first one to know is the Title VII of the Civil Rights Act of 1964. Under Title VII, it's illegal for employers to discriminate against employees on the basis of gender, including in hiring, promotion, compensation, and other terms and conditions of employment.
The Equal Pay Act of 1963 makes it illegal to pay women less than men for doing the same job. It applies to almost all employers, regardless of the number of employees.
Besides these federal laws, many states and cities have their own rules about gender discrimination at work. In California, FEHA makes it illegal for employers with five or more employees to discriminate against you based on your gender, among other things. It offers more protections than federal law and covers many aspects of employment, like hiring, promotions, and pay.
In New York, NYSHRL stops employers with four or more employees from treating you unfairly because of your gender.
Sexual discrimination in the workplace is a form of unfair treatment based on an individual's sex or gender. This type of discrimination can manifest in various ways, but most commonly shows up in the form of sexual harassment.
Employees who face sexual discrimination may have to deal with unwanted advances or comments that make them uncomfortable, creating a hostile work environment.
Examples of sexual discrimination in the workplace:
Your boss suggests that you'll get a promotion or pay raise if you agree to go on a date with them
You walk into the break room and see explicit images or videos on display, making you feel uncomfortable and unwelcome
After you report sexual harassment to HR, you suddenly start getting negative feedback at work or find yourself being treated unfairly
Title VII of the Civil Rights Act of 1964 covers many forms of discrimination in the workplace – including sexual discrimination and harassment. This important law makes it illegal for employers to treat you unfairly because of your sex. It also says that sexual harassment, like unwanted advances or offensive comments, is against the law.
Title VII recognizes two main types of sexual harassment:
Quid Pro Quo: This happens when job-related decisions, like getting hired, promoted, or receiving a raise, depend on whether someone agrees to or refuses unwelcome sexual advances.
Hostile Work Environment: This occurs when unwelcome sexual behavior, comments, or actions create a work environment that feels intimidating, uncomfortable, or offensive, making it hard for someone to do their job well.
There are also state laws that supplement federal protections against sexual discrimination in the workplace. For instance, New York's NYSHRL prohibits sexual discrimination in employment and applies to employers of all sizes. It includes provisions for addressing sexual harassment and discrimination, as well as protections for individuals who are transgender or gender non-conforming.
Disability discrimination in the workplace happens when someone is treated unfairly because of their disability. This could mean not getting the same opportunities as others, facing bullying, or not getting the help they need to do their job.
Disability discrimination can happen because of a few reasons. Some people might have wrong ideas or stereotypes about disabilities. Also, if the workplace isn't set up to be accessible for everyone, it can make things harder. And sometimes, people just don't know enough about disability rights and how to help, which can lead to unfair treatment.
Examples of disability discrimination in the workplace:
An employer pressures an employee with a chronic illness to take extended leave or accept a demotion, rather than providing accommodations
An employee with a developmental disability faces taunts, ridicule, or intimidation from coworkers
An employer fails to provide screen reader software or other assistive technology for an employee with visual impairments
While these scenarios can be quite common, employers are legally required to make reasonable accommodations for employees with disabilities.
The Americans with Disabilities Act (ADA) is a key federal law that makes it illegal for employers with 15 or more employees to discriminate against qualified individuals with disabilities. It covers everything from hiring to promotions, and it requires employers to provide reasonable accommodations to help employees with disabilities do their jobs.
The Rehabilitation Act of 1973 prohibits disability discrimination by federal agencies and organizations that receive federal funding. It ensures that qualified individuals with disabilities have equal opportunities for employment and advancement.
Plus, many states and cities have their own laws and regulations to prevent disability discrimination in the workplace. In California, the Fair Employment and Housing Act (FEHA) protects employees from disability discrimination. This law applies to most employers, including both public and private ones. It requires employers to provide reasonable accommodations for employees with disabilities.
In New York, the State Human Rights Law offers similar protections against disability discrimination. It covers all employers, big and small. Like California, New York requires employers to provide reasonable accommodations and prohibits harassment or retaliation against employees asserting their rights under the law.
Reach out to get an evaluation the strength of your case.
Religious discrimination in the workplace happens when someone is treated unfairly because of their religious beliefs or practices. This could mean not getting time off for religious holidays or facing jokes or harassment about their religion.
Negative attitudes, stereotypes, and misconceptions about certain religions, as well as a lack of awareness or understanding of religions, can all contribute to religious discrimination. The overall workplace culture also plays a big role in whether discrimination happens.
Examples of religious discrimination in the workplace:
Your boss says you can't take time off to celebrate important religious holidays, even though others get vacation time
Your job has a strict dress code that doesn't allow you to wear religious clothing or symbols, like a hijab or turban
You're told to keep your religious beliefs to yourself at work, even though others talk about their beliefs freely.
Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on their religion, covering everything from hiring to firing. And, this law requires employers to make reasonable accommodations for employees' religious beliefs and practices.
The Religious Freedom Restoration Act adds more protections for religious freedom. It says the government can't burden a person's religious beliefs unless it has a really good reason and uses the least restrictive way to do it.
Pregnancy discrimination at work happens when pregnant employees or job seekers are treated unfairly because of their pregnancy, childbirth, or related medical conditions. It's when they face negative treatment or even lose job opportunities just because they're expecting a baby.
Negative stereotypes about pregnant workers often contribute to pregnancy discrimination. These might be assumptions like thinking pregnant workers won't be as committed, reliable, or productive (despite evidence to the contrary!). Some employers also worry about providing accommodations or think they might get in trouble if something goes wrong.
Examples of pregnancy discrimination in the workplace:
You're passed over for a promotion or exciting project because your employer assumes you won't be as committed once your baby arrives
Your employer refuses to make simple changes, like adjusting your schedule or providing a more comfortable chair, even though you're experiencing discomfort due to pregnancy
Your hours or pay are suddenly reduced, even though you haven't had any performance issues, simply because you're pregnant
The Pregnancy Discrimination Act (PDA) of 1978 makes it illegal for employers to treat pregnant employees unfairly. It means they can't fire you, give you fewer hours, or pass you over for a promotion just because you're pregnant. There’s also the Family and Medical Leave Act (FMLA), which lets eligible employees take up to 12 weeks off work for things like having a baby or caring for a newborn. Your job is protected while you're on leave, so you can come back to work when you're ready.
Some states and cities have their own rules about pregnancy discrimination, and might offer more protections or cover smaller businesses that the federal laws don't. For instance, California’s FEHA requires reasonable accommodations for pregnancy-related conditions, such as time off for prenatal care or lactation accommodation.
New York's Human Rights Law prohibits discrimination based on pregnancy, childbirth, and related medical conditions. It covers all employers regardless of size and requires reasonable accommodations for pregnancy-related conditions, similar to California's law.
While there are many forms of discrimination in the workplace, sometimes it’s not so easy to spot. If you’re facing mistreatment at work and thinking of taking legal action, it’s important to understand what kind of situations fit the legal criteria.
Let's explore a few workplace discrimination examples to help you recognize it.
Scenario
Emily, a skilled software engineer, is not chosen to lead a project team, while her male colleague is selected. When she asks why, her manager explains they're rotating leadership opportunities.
David, a Hispanic employee, applies for a managerial position but is not selected. The position goes to a colleague of Asian descent with more leadership experience.
Sarah, who has a physical disability, requests a height-adjustable desk for comfort. Despite providing medical documentation, her manager repeatedly delays and ultimately denies her request. Other employees with similar needs have been accommodated promptly.
Workplace discrimination?
✅ Yes – could be age discrimination in the workplace. Despite his qualifications and performance, Tom is being treated less favorably than younger colleagues solely because of his age.
No ❌ – may not be gender discrimination in the workplace. This scenario wouldn't necessarily be considered gender discrimination because the decision to not select Emily as the project team leader is based on a rotation policy for leadership opportunities, rather than her gender.
No ❌ – may not be racial discrimination in the workplace. This scenario wouldn't necessarily be considered racial discrimination because the decision was not based on qualifications and experience, rather than David's race.
Yes ✅ – could be disability discrimination in the workplace. Sarah wasn't given the accommodations she needed to do her job well, which goes against the disability discrimination laws meant to protect her rights.
Manifest Law©️. Learn more on www.manifestlaw.com
Dealing with discrimination at work can be tough, but there are ways to handle it and get the respect you deserve. Here are some steps you can take if you are facing mistreatment at work:
Recognize the signs: Learn to spot discrimination in the workplace, like being treated unfairly because of who you are. This could be anything from unfair treatment, sexual harassment, to hurtful comments about your race, gender, or other protected characteristics.
Keep records: Write down what happened, when, and who saw it. Having a record helps you explain what's going on to your manager or HR, and can be useful if you decide to enlist help from a workplace discrimination lawyer.
Talk to someone you trust: If you're dealing with discrimination the workplace, don't go through it alone. Talk to your manager, supervisor, or someone in HR you trust.
Report it: If talking things out doesn't work, you might need to make an official complaint to HR.
Reach out to Manifest Law: Depending on the situation, you may need support from a workplace discrimination lawyer. Our team at Manifest Law can help build your case and fight for your rights. Plus, we handle all communications with your employer so you can rest assured that we’ve got you.
If you've faced discrimination at work, don’t wait to take action. Different deadlines apply for filing complaints, depending on where you live and your employer's policies.
The Equal Employment Opportunity Commission (EEOC) is a federal agency that handles discrimination claims. You usually have 180 days from the date of the discrimination incident to file a complaint with them. However, this period can extend to 300 days in some cases, especially if your state or local government also enforces discrimination laws.
Your state or city might also have its own laws and agencies for addressing discrimination in the workplace. These laws often have their own filing deadlines, so it's essential to check the specific requirements in your area.
Your company may have its own procedures for handling discrimination complaints. While these don't have legal deadlines, it's still vital to follow them to ensure your complaint is taken seriously and addressed properly.
Wondering if you should reach out to a workplace discrimination lawyer? It all boils down to your unique situation. If the discrimination you've experienced seems straightforward and your employer is open to resolving the issue, you might not need legal help. But if things get complicated or there are legal intricacies involved, having a skilled lawyer by your side can make all the difference.
Here at Manifest Law, our team of workplace discrimination lawyers has handled numerous cases like yours. We're well-versed in employment laws and can guide you through the entire legal process. Plus, with our services, you only pay if we win your case.
Ready to understand your rights and take a step towards justice? Book a free consultation with us today. We're here to help you get the respect and fairness you deserve.
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