How To Recognize Workplace Discrimination

While there are obvious signs of workplace discrimination, like firing someone the instant they become pregnant or a workplace that only hires males under 40, there are more subtle instances of workplace discrimination that aren’t as easy to recognize.

Identifying workplace discrimination is key to being able to resolve it quickly and prevent it from happening in the future. As an employee, you might suspect that you or a coworker is being discriminated against, but you might not be sure.

This article provides common examples of workplace discrimination. Some of them are subtle, so it’s important to be vigilant about observing and documenting these instances, especially if you plan to pursue legal action.  

The Importance of Addressing Employment Prejudice

There’s no question that everyone deserves equal treatment at work, but workplace discrimination and other forms of prejudice deny employees of having a rewarding, satisfying, and fulfilling career.

There has been a long history of discriminatory practices in human history, and the government has stepped in to speed up societal change by instituting laws that protect various characteristics, including age, gender, religion, disabilities, marital status, and sexual orientation.

The most common types of discrimination of protected classes, according to Enterprise Apps Today are the following:

1. Gender
2. Race
3. Disabilities

Together, these instances account for 30% of all charges. Further, companies should take note settling a discrimination charge is expensive. In 2021, employers paid $484 million to settle these types of cases.

6 Telltale Signs of Workplace Discrimination

Recognizing employment bias starts by first spotting discrimination signs. While the list of possible instances of workplace discrimination is endless, many of the situations can fall into one of the following six categories.

1. Unequal Pay for Equal Work

Despite the passage of the Equal Pay Act of 1963, massive pay inequality still exists. At its core, employers should pay people who have the same skillset, education, and experience equally. While some pay inequality can be justified by negotiating or stellar performance, this may not be the case.

Proving whether this type of discrimination exists goes beyond mere observation because salaries are often kept confidential. However, if you have identified pay gaps while doing your own research and working on your workplace inequality awareness, an attorney can potentially help you build your case.
 

2. Limited Access to Opportunities

Favoritism in the workplace can come in many forms, from nepotism to forming close friendships. However, if someone with a protected characteristic is being denied promotions, access to training, or valuable benefits, this could be a clear sign of workplace discrimination.

3. Inappropriate Jokes, Comments, or Questions

This type of discrimination is incredibly common, and it can often be subtle and innocuous that it is more difficult to prove.

Any joke, comment or question that targets a protected characteristic could be considered a form of workplace discrimination. For example, if someone jokes about a disability or asks you a question about whether you’re “PMSing,” this is a form of workplace discrimination.

It’s also worth noting that workplace discrimination can occur during the hiring process. For example, many women of childbearing age face discrimination because employers are reluctant to hire someone who may become pregnant. A prospective employer cannot ask you about your age, marital status, or family planning initiatives.
 

4. Being Excluded From Meetings or Activities

A workplace is a community with common goals and initiatives that require the participation of key stakeholders. One form of workplace discrimination can come in the form of excluding someone from a meeting that is relevant to their job duties.

While it’s not illegal to exclude someone from an important meeting or job-related activity because you don’t “like” them (though that is abhorrent), when the exclusion is based on a protected characteristic, it rises to the level of workplace discrimination.

5. Unfair Disciplinary Actions

If you are being singled out and disciplined in a way that you think is uneven and unfair, it may be a sign that your employer is looking for an excuse to fire you. Sometimes, this can be a chicken and egg type of scenario.

For example, if you report instances of discrimination in the workplace, your employer may feel resentful or fearful. By documenting disciplinary actions, they can attempt to build a case that warrants a demotion or termination.

6. Grossly Unfair Treatment

Rounding out the telltale signs of workplace discrimination is a pattern of unfair treatment. This may be more subtle and require you to document any instances, get witnesses, and speak to human resources personnel at your company. Often, if you sense that you are being treated unfairly, you probably are. Don’t be afraid to trust your gut.

Facing Workplace Discrimination? Contact an Experienced Attorney

After identifying unfair treatment at work, the next step is to get legal guidance. At Kent Pincin, we advocate for employees who have faced workplace discrimination and fight hard to achieve fair compensation. Call our office at 310.376.0922 to request a free consultation.