How to Address Discrimination in the Workplace

Although many employers promote inclusivity, discrimination in the workplace remains a common experience among workers. In order to address such injustice in professional settings, it is important to be aware of the specific types of discrimination and the laws which are meant to protect workers.

By Timothy Mably

While many employers attempt to advocate for diversity in the workplace, discrimination remains a persistent issue experienced by people for their age , gender , hairstyle , disability , skin color, sexual orientation, religion and more. Despite laws in place to prevent discriminatory behavior from employers, such incidents are often reported. Employees must be aware of the specific types of discrimination and harassment which can occur, along with the anti-discrimination laws, as a way to address discrimination in the workplace and ultimately pursue progress.

Types of Workplace Discrimination

The United States Department of Justice outlines six types of possible employment discrimination, such as race and color discrimination, national origin discrimination, sex discrimination, religious discrimination, military status discrimination, and retaliation. In 2020, the U.S. Supreme Court included the category of LGBTQ+ discrimination , attributing it to Title VII of the Civil Right Act. Many cases of employment-related discrimination also occur before someone has been hired to a position, as they are denied equal opportunity in the hiring process. While you are likely familiar with applications requiring information regarding ethnicity, military status, and disabilities, it is only recently that employers began creating options for those who identify as LGBTQ+ to include details pertaining to their gender identity or sexual orientation.

According to a study conducted by the Williams Institute at the UCLA School of Law, a survey conducted in May 2021 found that 45.5% of workers identifying as LGBT have experienced discrimination . The reported discrimination described a difference between how straight workers were treated in comparison to employees identifying as LGBT. They also mentioned that they were either fired from a position, never hired for a position, or harassed due to their sexual orientation or gender identity. Of those who answered the survey, 31.1% encountered such discriminatory behavior from employers within the past five years.

There have been numerous examples of discriminatory harassment in the workplace which have gone to trial in recent years, particularly related to race and national origin. The Equal Employment Opportunity Commission (EEOC) documented that in January 2020, a company in Ohio called “Falcon Foundry Company'' resolved a case of racial harassment, which had been filed by the Youngstown Branch of the National Association for the Advancement of Colored People, along with the EEOC. Following an investigation, it was determined that a high-ranking employee within the company had made racist comments, and placed a noose inside the building meant to be seen by employees. The EEOC learned that employees of ethnic minorities had also been penalized for violating various policies that white employees also violated, for which they did not receive any consequences.?

The case cited Title VII of the Civil Rights Act of 1964, and it was determined that many employees had been harassed and discriminated against due to race, national origin, or association with those of differing race or national origin. As a result, the main employee responsible was fired, Falcon Foundry paid monetary relief to victims, and new training procedures were put in place to prevent similar instances of discrimination going forward.

However, workplace discrimination can also occur on a smaller scale, involving seemingly mundane interactions. Although harassment can be straightforward behavior that demonstrates a contrast between how employees are treated, discrimination can sometimes occur through the generally accepted status quo of a workplace. For instance, a lack of diversity can signal either a passive unintentional or intentional exclusivity from an employer. In both circumstances, there is a need for an employer to adjust and take into account expectations that employees might have concerning their work atmosphere and their overall comfortability in a professional setting.?

Laws Against Workplace Discrimination

Depending on the state or the part of the world in which you are located, it can be integral to be aware of relevant laws that are intended to provide protection and potential accountability of an employer. There are five federal laws which are designated to workplace discrimination as listed by the National Conference of State Legislatures, including Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and Title I of the Americans with Disabilities Act of 1990. States throughout the country have differing but overlapping laws in place which also take into account other minority groups, apart from the groups previously mentioned.

From the laws referenced, Title VII of the Civil Rights Act of 1964 is most known for protecting workers on the basis of race, color, national origin, religion, or sex. The Pregnancy Discrimination Act ensures that women who are pregnant, give birth, and might also experience medical complications, are protected from discriminatory behavior. The Equal Pay Act of 1963 advocated that both men and women make the same amount of money for the same work. The Age Discrimination in Employment Act of 1967 protects workers who are 40 years old or more from ageist policies. Lastly, Title I of the Americans with Disabilities Act of 1990 makes it illegal for an employer to discriminate against employees or potential employees due to medical disabilities.

Ending Workplace Discrimination

While workers cannot bring an end to workplace discrimination on their own, they can be champions for change and advocates for accountability. In an interview with LinkedIn News, the CEO of The Female Quotient Shelley Zalis expressed her mentality regarding leadership in the workplace, saying, "Leadership is not just about top-down. It's about top-down-bottom-up and all around. Leadership is not about age and it is not about title — it’s about action. And everyone in a company needs to be held responsible for creating this culture of care and culture of warmth and collaboration.”

During the interview, Zalis also highlighted the importance of diversity across age, gender, race, religion, sexual orientation, and other identities. "Diversity is a strategy. You're going to hire a diverse workforce and then we added inclusivity, which is cultural. But the truth is it's really about belonging, creating a space where every employee feels like they belong. Belonging is a feeling. It's well documented that within the first week of someone starting a new job, if they feel comfortable, and they feel like they belong, they'll stay a long time.”?

Zalis’ sentiment is shared by Sanjay Sood-Smith, the Executive Director of Workplace and Community Programs at Stonewall. While speaking with LinkedIn News, Sood-Smith stated that his job performance skyrocketed after he came out with his sexual orientation at his workplace. “Since then, my career has just gone from strength to strength as a result. I know that if I wasn't able to bring my whole self to work everyday, then I wouldn't be able to perform my job properly because I’d be worried about hiding and covering things up.”

The creation of an inclusive work atmosphere comes through the employee culture built over time. However, there isn’t always a clear solution when discrimination comes from a supervisor or other authority figure in the workplace, rather than a coworker. For anyone experiencing such behavior in their jobs from a superior, the EEOC can be a valuable resource for instances of discrimination and harassment at work. Employees facing these issues should also consider contacting the U.S. Department of Labor , which has an office designated in every state . It is not a convenient task to address discrimination in the workplace, but it can begin to pave the path for tolerance and inclusion.?

(Editing by Onjeinika Brooks )