4 Common Workplace Discrimination Claims
It is easy to assume that workplace discrimination is a thing of the past, but this is not true. A recent survey conducted by Glassdoor showed that approximately 3 out of 5 workers in the United States claim they have witnessed or experienced workplace discrimination.
Like with many other types of bias and discrimination, workplace discrimination is not always apparent. Sometimes, it manifests itself in ways that are harder to see or blatantly obvious but unintentional. That’s why it’s so important to know the facts and details of your rights as an employer if you are being discriminated against in the workplace. We’ve compiled a guide of 4 of the most common workplace discrimination claims; read on to learn more.
1. Retaliation
According to the claims data collected by the EEOC in 2019, retaliation by an employer was the number one workplace discrimination claim. Retaliation is when an employer takes any form of adverse action against a worker who has filed a discrimination claim or has been involved in investigating a discrimination complaint. Retaliation can occur at any point after a claim is made, whether by the same supervisor who made the original discriminatory statement or someone else entirely within the company.
Retaliation can come in many forms. The most common form of retaliation is firing the employee. Other forms include making false accusations against them, such as theft, refusing to promote them, or giving them negative performance reviews.
2. Disability
The ADA prohibits discrimination against a person because of their disability. The ADA applies to employers with 15 or more employees and employers in the public and private sectors.
The ADA defines an individual with a disability as “a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.” This is taken on a case-by-case basis.
Common disabilities include cancer, heart conditions, diabetes, and high blood pressure. Other disabilities may be autism, learning disabilities like dyslexia, physical disabilities like amputation, hearing, and visual impairments.
Discrimination can take many forms: job advertisements that exclude people with disabilities; failure to hire qualified applicants because they have a disability; refusal to accommodate disabled workers; harassment; demotion; and even termination for disabled workers having trouble performing assigned duties. Discrimination may also occur if the employer does not provide reasonable accommodations for the disabled worker’s needs.
3. Race
Employers are prohibited from discriminating against employees based on race. Discriminating against an employee because of their race violates Title VII of the Civil Rights Act of 1964, and it also violates other federal, state, and local laws.
An example of this could be an employer paying people of a certain race less than other workers of a different race. Even if the job they are performing and their qualifications are all the same. Unfortunately, this is common even in a world that has fought for race quality for centuries; the fight still moves forward.
4. Sex
Sex discrimination and sexual harassment are often confused, but it is essential to know that they are different. Sexual discrimination refers to the treatment of a person because of their sex, whereas sexual harassment refers to the unwanted conduct of a sexual nature which is offensive.
Sex discrimination can also occur if you are treated differently due to gender stereotypes.
Common Workplace Discrimination Claims: Conclusion
As an employee, you deserve to be treated with respect and dignity while doing your job. Even if you are not being paid a high salary, you still should get the same rights as everyone else. You also have the right to be treated equally in the workplace without facing discrimination or harassment based on race, ethnicity, religious beliefs, age, or disability. This right applies to all employees, whether full-time or part-time.
Preventing discrimination is the responsibility of both management and employees. Managers and supervisors who tolerate this behavior can be held accountable for it. If you know of anyone who is being harassed or discriminated against in the workplace, report it immediately to be dealt with before it gets out of hand. If you are a business owner in the Palm Coast area looking to learn more about ways to avoid workplace discrimination, our human resources management team can help! Contact us today to learn more.
