Understanding Employment Discrimination

We all deserve to be treated fairly and equally in the workplace, and employees should be evaluated based on their skills and job performance, not physical characteristics like gender, age, and ethnicity.

Over the years, federal, state, and even local laws have been passed to prohibit unfair treatment of employees and job applicants alike. Though these laws have not yet been able to fully eradicate employment discrimination, they do provide important protections and legal remedies for those experiencing discriminatory treatment.

This article provides an overview of employment discrimination with the aim of helping increase workplace discrimination awareness, while providing important resources to fight employment discrimination.

How Employment Discrimination Affects Lives

Employees facing discriminatory practices can feel stress, anxiety, depression, and humiliation. And when that discrimination rises to passing someone over for a promotion, demoting them, or terminating them, there are also significant financial repercussions. There’s no question that having one’s career opportunities artificially limited due to a personal characteristic is unfair, and it can result in unequal pay, limited career advancement, and missed opportunities.

These effects go far beyond the individual and can affect a business, as well as society as a whole. For example, a workplace that consistently exhibits discriminatory behavior could lead to a hostile work environment that decreases morale and productivity, exposes a company to legal and reputational harm, and results in a mass exodus of talent.

From a societal perspective, employment discrimination can reinforce systematic inequalities and perpetuate unhealthy hierarchies based on artificial gender or race constructs. In addition to stifling growth for some employees, innovation and economic growth can also be hampered.

Common Examples of Employment Discrimination

Identifying and recognizing workplace inequality is a crucial first step in being able to fight it. Further, discrimination can come in a variety of forms, including:

• Hiring or not hiring
• Firing
• Retaliation
• Promotions and demotions
• Canceling benefits
• Harassment

If you face any of the above situations due to a protected characteristic, such as age, gender or gender identity, disability, marital status, pregnancy, race, religion, or sexual orientation, it’s recommended to contact an employment discrimination attorney to explore this issue further.

Employment Discrimination vs. Employment Bias

Understanding employment discrimination also means understanding employment bias. Though the two concepts are related, there are some distinct differences. Employment bias is typically illustrated by someone who has a prejudice that affects their attitudes or beliefs about someone based on a protected characteristic.

For example, if someone believes that older people are less likely to take orders from a younger employee or a man will not feel comfortable having a woman as a boss, that is a form of employment bias. This may or may not affect their actions. Employment discrimination, on the other hand, occurs when a bias or other prejudicial belief results in treating someone unfairly or differently.

Employment Discrimination Laws in the U.S.

Starting in the 1960s, the government began passing laws to protect individuals from discrimination in the workplace. Further, the Equal Employment Opportunity Commission is tasked with enforcing these laws.

The most groundbreaking laws include the following:

• Title VII of the Civil Rights Act of 1964
• Age Discrimination in Employment Act (ADEA)
• Americans With Disabilities Act (ADA)
• Equal Pay Act (EPA)
• Title IX of the Education Amendments of 1972
• Immigration Reform and Control Act

These various laws make it illegal to discriminate against certain protected classes, allowing aggrieved individuals to file complaints and optionally seek legal action through the courts.

Preventing Discrimination in Employment

According to one study, 91% of people have faced workplace discrimination. This statistic is staggering, and it highlights the importance of providing employment discrimination education to reverse this alarming figure.

Whether a business is a small shop or a massive Fortune 500 company, efforts to mandate equal treatment must take top priority if a business (or society as a whole) has any hope of stopping discrimination.

The following tips can help make a difference in this area, starting by understanding employment discrimination and then moving to eradicate it.

• Learn about anti-discrimination laws. Start by reviewing the text of the laws (linked above) to get a clear understanding of what constitutes employment discrimination.
   
• Provide equal opportunity training. Conduct regular training sessions for employees and managers alike to create awareness and provide guidance.
   
• Promote diversity and inclusion. Foster a culture that values diversity in all areas of the company.
   
• Establish clear policies. Outline precise expectations for behavior and consequences for any violations.
   
• Provide reasonable accommodations. Have flexible accommodations for those with disabilities or religious beliefs that may require adjustments to working conditions.
   
• Continually monitor. Review and critically assess your practices and policies while encouraging open communication about complaints. Be sure to actually follow up and investigate.

Contact an Experienced California Employment Discrimination Attorney

Employment discrimination is a serious offense, and the attorneys at Kent | Pincin have a successful track record in standing up for the rights of those who have faced this behavior. To request a free consultation, call us at 310.376.0922.