Many forms of workplace discrimination is technically illegal. Employers should not treat workers differently on the basis of their protected characteristics. Federal law and state statutes establish a variety of personal characteristics that should not influence employment opportunities.
Age for those over 40, race, sex, sexual orientation, medical status and religion are among the protected characteristics that should not affect career opportunities. Despite the regulations in place to protect workers, discrimination remains somewhat common. Unfortunately, the law cannot prevent employers and individual people within an organization from mistreating certain workers. Workers who notice discrimination may need to take legal action in response.
How do employers discriminate against workers?
By considering inappropriate factors
As previously mentioned, employers should not consider the protected characteristics of applicants or current employees when making decisions about job opportunities. A worker’s medical status should not affect their eligibility for employment or a promotion. Their religion, age or race should not influence the decision to include them in a large-scale layoff. The consideration of protected characteristics when making employment decisions is a common form of workplace discrimination.
By ignoring harassment
Coworkers, managers and even human resources professionals can mistreat some workers based on their protected characteristics. Workers should not have to tolerate harassment on the basis of their race, religion or other protected characteristics to retain their jobs. Their employers should protect them from direct harassment and a hostile work environment. Ignoring worker complaints or an increasingly hostile work environment is one way that companies may discriminate against certain workers.
Retaliating when workers express concerns
Employees facing mistreatment or feeling concerned that their protected characteristics may have resulted in denied opportunities may report the issue to management or human resources. When workers report discrimination or harassment, companies not only need to respond appropriately, but they also have to avoid retaliating. Retaliation, or the punishment of a worker for engaging in protected workplace activities, can be a form of discrimination. Firing a worker, demoting them or transferring them to another shift because they report religious or racial discrimination from their coworkers is an inappropriate response on the part of the business. A large percentage of the discrimination lawsuits and charges initiated every year relate to retaliation against workers who assert themselves.
Employees who can identify misconduct can then assert their rights under the law. Pursuing an employment discrimination lawsuit may be the best option available for workers frustrated by an unlawful hostile work environment or employer retaliation.