How to fight workplace discrimination?
Encourage your workers to respect each other’s differences. Train managers and supervisors on how to respond to discrimination in the workplace.
There are many free resources out there to help you get started. For example, BDC offers the 4 Seasons of Reconciliation class free to all Canadian entrepreneurs.
Make it clear to everyone in your organization that any form of harassment or discrimination will not be tolerated. Outline how you will respond to any evidence or complaints of inappropriate behaviour and ensure you enforce it consistently and properly. Should any issues arise, be sure to deal with them promptly and confidentially. Review the policy on a regular basis to ensure it remains effective.
For example, think about building an internal code of conduct with direct input from employees. This will help communicate values and expected behaviours at work. Articulating differing levels of “inappropriateness” with examples of harassment of increasing severity can be helpful.
You can download our free code of conduct and zero tolerance policies to help you get started.
Review your hiring process to eliminate discrimination. It’s common for hiring to be biased—often unconsciously—against candidates with unfamiliar names, gaps in work history or foreign credentials.
“We all have biases,” says Yan. “The key is to recognize those biases and ask yourself how you can prevent them from influencing you.”
Employees responsible for hiring (as well as all employees in your organization) should learn about unconscious bias and how to identify their own. “Some biases are not as visible as others,” says Yan. “For example, ageism involves stereotyping or discriminating against older adults and young people alike. Another example is how we might screen introverted interviewees compared to those who are more extroverted. It’s important to evaluate candidates based on the capabilities they bring to your business.”
Review your onboarding process to make sure it’s inclusive. A well-thought-out process helps ensure new hires integrate smoothly and sends a message that discrimination is unacceptable.
“You should really articulate what is and isn’t permissible as behaviour in terms of harassment, discrimination and the health and safety environment,” Yan says. “Help employees understand their rights. If you spend time upfront with new employees, over the long term they will be more confident, engaged and productive.”
Adapt your training to accommodate the needs of different workers. For example, consider training for candidates who lack some skills but could otherwise be good employees.
Regularly review your policies to ensure they are still relevant and monitor employee interactions for compliance. For example, embrace a hybrid or flex work model that offers people the flexibility to balance their personal and professional lives. “Family commitments are different for everyone,” says Yan. “For example, it’s common to find members of ethnocultural communities living in multige”.
How to respond to discrimination in the workplace?
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How to approach discrimination in the workplace?
If you’ve experienced unlawful discrimination, you can complain to the person or organisation who’s discriminated against you. You can also make a discrimination claim in the civil courts.
Read this page to find out what you should do before you take action about unlawful discrimination. This page doesn’t cover discrimination in the workplace.
The law which says you mustn’t be discriminated against is called the Equality Act 2010. Discrimination which is against the Equality Act is unlawful. If you think you’ve been discriminated against you should check whether the discrimination is unlawful under the Act.
When deciding what action to take about discrimination, you’ll need to think about what you’re trying to achieve. For example, do you want financial compensation, an apology or things put right? You’ll also need to think about how quickly you need to get a result.
It’s often best to try to resolve your problem informally first. It may stop the problem getting worse and avoid the expense and stress of taking legal action. You should, however, be aware that there are strict time limits for taking legal action. It’s therefore best to act as early as possible.
You can do the following things if you’ve experienced unlawful discrimination:
- make a complaint
- try mediation or arbitration
- take court action
If you make a complaint, this could be the fastest way to get an apology or an informal remedy. But it has no legal effect and you may not get any compensation.
It’s often best to try to resolve your problem informally first by talking to the business or service provider. It might stop the problem getting worse and avoid the expense of taking legal action.
You should contact the business or service provider as soon as possible to make sure you’re not running out of time if you want to take further action. If you think you might want to go to court, you need to make your claim within:
- 3 months if the discrimination happened at work
- 6 months if the discrimination happened outside of work
It’s a good idea to include the following things in your complaint:
- the names or job titles of the people involved
- a short description of what happened
- the date and time of the incident
- a description of how the incident affected you
- what you want the business or service provider to do now – for example, apologise or review a decision already taken or offer compensation
- when you expect a reply
It’s best to keep a record of the complaint and make a note of the date. If you spoke on the phone or in person, it’s a good idea to follow up the complaint with a letter saying what you discussed.
If the problem isn’t resolved informally, you can make a formal complaint. Ask the business or service if they have a formal complaints policy. You should make your complaint as soon as possible as there might be time limits.
If you make a written complaint about discrimination you should include the following things:
- explain what happened – include any relevant dates and times, the names of anyone involved
What to do if you are a victim of discrimination?
Federal and state laws protect you from unfair and unwelcome treatment at work. The Equal Employment Opportunity Commission (EEOC) and states enforce discrimination and harassment laws.
Discrimination happens when an employer treats an employee or job applicant unfairly because of their race, color, religion, sex, national origin, age (40 or older), disability, or genetic information. EEOC laws do not cover all employers. Coverage is often based on the number of employees. Verify if your employer is required to follow the EEOC’s rules.
Report discrimination to the EEOC. Use the EEOC’s public portal to follow the complaint process. Learn more about what to expect when you report discrimination.
States and local governments also have anti-discrimination laws. Report discrimination to a local Fair Employment Practices Agency (FEPA). If the discrimination breaks both a state and federal law, the FEPA will also send your complaint to the EEOC. Use the EEOC’s directory of field offices to find the FEPA near you.
You can sue an employer for discrimination. If the lawsuit is based on a federal law, you must file a complaint with the EEOC first.
Workplace harassment is unwelcome conduct based on a person’s race, color, religion, sex, national origin, older age, disability, or genetic information. Harassment includes:
- Offensive jokes
- Slurs
- Physical assaults or threats
- Intimidation
- Ridicule or mockery
- Insults or put-downs
- Offensive objects or pictures
Harassment is unlawful when:
- It creates a hostile work environment
- It results in an adverse employment decision (such as the victim being fired or demoted)
- It interferes with the victim’s work performance
Sexual harassment includes unwelcome sexual advances or requests for sexual favors. It can also include offensive comments about someone’s sex. Sexual harassment is unlawful when:
- Submission to the harassment is made a condition of employment
- It creates a hostile work environment
- It results in an adverse employment decision
Follow these steps if you experienced harassment at work.
Retaliation happens when an employer treats someone poorly because they engaged in a protected activity. Protected activities include:
- Filing a discrimination or harassment complaint
- Participating in an investigation or lawsuit about discrimination or harassment
- Refusing to follow orders that would result in discrimination or harassment
Common retaliation methods include:
- Firing or laying off
- Demoting
- Denying overtime or promotion
- Reducing pay or hours
Use the EEOC’s public portal to report retaliation related to discrimination or harassment.
LAST UPDATED: September 19, 2024
Ask a real person any government-related question for free. They will get you the answer or let you know where to find it.
How to deal with discrimination in the workplace?
Discrimination in the workplace is still more common than many people think. A Gallup survey conducted in 2020 found that one in four Black and Hispanic employees felt that they had been discriminated against at work in the previous 12 months.
“We know when we’re being discriminated against. We know when we’re getting treated differently than others,” said Stephanie Blondell, associate professor of law and practice and associate director of the Straus Institute for Dispute Resolution at Pepperdine University’s Caruso School of Law.
But Blondell also points out that proving that discrimination has occurred can be more complicated.
“Discrimination is a word we use to describe things that aren’t fair, and it’s also a legal concept,” she explained. “And sometimes, things can be happening in the workplace that aren’t fair, but they’re not the legal definition of discrimination.”
Discrimination refers to “any act or failure to act, impermissibly based in whole or in part on a person’s race, color, religion, sex, national origin, age, physical or mental handicap, and/or reprisal, that adversely affects privileges, benefits, working conditions, results in disparate treatment or had a disparate impact on employees or applicants.” –– according to the Equal Employment Opportunity Terminology Guide, the National Archives and Records Administration
In other words, under Title VII of the Civil Rights Act of 1964 (PDF, 191 KB), it is not only unlawful to discriminate against someone, it is also unlawful to retaliate against a person because they complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Firing, not hiring, or demoting an employee for reasons unrelated to job performance or qualifications fall under the definition of workplace discrimination. And federal law also protects against workplace discrimination on the basis of sexual orientation, gender identity, pregnancy status, or veteran/military service status.
When a complaint is filed with the Equal Employment Opportunity Commission (EEOC), the agency tasked with investigating workplace discrimination complaints, a formal process begins with the agency notifying the employer of the charge and recommending its mediation program. The agency will also determine if the charge has merit and is timely. If the complaint meets EEOC law enforcement standards and the charge is not sent to mediation or resolved in mediation, the agency will ask the employer for an official response to the charge which initiates an investigation.
The EEOC reviews discrimination complaints that involve violations in these areas:
- Unfair treatment. Employment decisions cannot be based on race, color, religion, sex (pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information, which puts them in a protected class.
- Harassment. Employees in a protected class should not experience a workpl.
What are the 7 types of discrimination?
A protected class includes individuals who are legally protected from employment discrimination based on certain characteristics. The federal laws establishing protected classes include:
- Title VII of the Civil Rights Act – race, color, sex, religion and national origin
- Age Discrimination in Employment Act (ADEA) – age 40 and over
- Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, Americans with Disability Act Amendments Act of 2008 – disability
- Genetic Information Nondiscrimination Act – genetic information
- Pregnant Workers Fairness Act – pregnancy
Age discrimination involves treating someone (an applicant or employee) less favorably because of age. The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination. It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are 40 or older.
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because of a disability. Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because of someone having a history of a disability (such as cancer that is controlled or in remission) or because someone is believed to have a physical or mental impairment that is not transitory lasting or expected to last six months or less and minor, even if someone does not have such an impairment.
Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II (employment agencies, labor organizations and joint labor-management training and apprenticeship programs – referred to as “covered entities”) from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.
Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA). Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history). Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
What is an example of discrimination in the workplace?
Workplace discrimination is illegal, but that doesn’t mean it never happens. In fact, it happens more often than you may realize, and you may have experienced discrimination without realizing it. That is why it is crucial to understand the different types of workplace discrimination.
Victims of workplace discrimination can experience added stress and anxiety – it can be hard to focus at work, and victims frequently experience lower job performance. These feelings can easily creep into your personal life, leading to a lower quality of life and even health issues because of added stress. On top of that, it can be challenging to get a promotion or move up in your career if you are experiencing some type of workplace discrimination due to your gender, size, age, religion, ethnicity, ability, or sexuality.
Discrimination is any type of behavior that specifically targets an individual based on a personal attribute, such as their gender, size, age, religion, ethnicity, ability, or sexuality. Victims of workplace discrimination aren’t judged on their professional merits, but rather on their personal attributes.
Workplace discrimination is often purposeful but sometimes happens on accident. Whether intentional or note, workplace discrimination is illegal and causes damage to the victim. It’s illegal to discriminate at any point in the employment process, from hiring decisions to firing employees, and everything in between.
Workplace discrimination can be categorized into four main types:
- Racial discrimination in the workplace is based on race, skin color, ethnicity, or country of national origin. Racial discrimination examples include not hiring a qualified candidate, giving someone an undesirable job or task that they’re overqualified for, passing someone over for a promotion, or otherwise making the workplace a hostile environment based solely on the employee’s race.
- Sex and gender discrimination in the workplace are illegal yet happen every day. This encompasses discrimination based on an employee’s gender, sexual orientation, or identifying gender. It also includes pregnancy and parental discrimination. As a sex/gender discrimination example, an employer cannot pass someone over for a promotion, fire someone, or not hire someone based on their status as pregnant. Similarly, an employer cannot discriminate against parents, both male and female.
- Men and women who are 40 and older are a protected class and cannot be fired, passed over for a promotion, or forced to retire simply because of their age. It’s against the law to treat members of the workforce differently based solely on their age and assumed level of ability. A discrimination example for this protected class is telling someone they must retire because they’re too old to perform their job.
- Employers must give fair treatment to employees with disabilities, including mobility, hearing, visual, and psychological disabilities. This includes equal employment opportunities, equal pay, and a non-threatening work environment.
How do you talk to your boss about discrimination?
Enduring discrimination in your workplace is a draining and distressing ordeal. You dread going to work because you know what awaits you and are relieved to go home at the end of the workday just to escape the toxic, harmful behavior. Living even one day with discrimination by supervisors, co-workers or others in the workplace is unacceptable; trying to live with it day after day after day is unsustainable. Know that you need not and should not accept such wrongful — and unlawful — conduct in the workplace. You can take action to stop the discrimination and hold accountable those who treat you negatively because of your race, gender, religion, sexual orientation or other legally protected characteristics.
It takes courage and thoughtfulness to stand up against workplace discrimination in a way that provides the best chance of a positive resolution. Here are seven approaches you can consider taking if you believe you’re being discriminated against at work. It would be wise to discuss your situation with an experienced employment attorney before taking the below approaches.
- Especially if the discrimination that you are facing is in the form of harassment, often the best first step is to directly tell the perpetrator to stop (if and only if you think it is safe to do so). Your objection to the discriminatory behavior puts the perpetrator on direct notice that you view their conduct as wrong, offensive and discriminatory and that you want the conduct to stop and not happen again.
- Be mindful that, unfortunately, even when you voice an objection, the wrongful conduct may not stop and, in fact, may escalate. But the fact that you directly objected to the wrongful conduct in the first place may make it harder for the employer to later claim that the main perpetrator’s behavior continued because the perpetrator simply did not know they were offending anyone.
- Claiming that others discriminated against you and proving they did are different things. You want to make sure that you can do the latter if you’re going to do the former. Keep a record and make notes about discriminatory incidents or comments, including dates, times, locations and details of what was said/done. Note the names of anyone who may have seen or heard the conduct. Preserve any emails, memos, text messages, social media messages, voicemails or other communications that reflect or relate to the discrimination.
The more evidence you have, the more likely it is that your claims will be treated with the seriousness and action they deserve.
A few cautions: Your company may have established policies against workplace discrimination and procedures for reporting any violative incidents. These are often found in employee handbooks or human resources.