Learn about the 10 most common forms of workplace discrimination. Know your rights and take action with insights from employment attorneys. Workplace discrimination isn’t just unfair; it’s illegal. Yet, thousands of employees face it daily. Discrimination can appear in subtle, underhanded ways or be blatantly obvious, but its consequences are equally damaging. It impacts not only the individual experiencing it but also workplace morale, productivity, and the overall organizational culture.
Understanding the types of workplace discrimination is the first step toward recognizing and addressing it effectively. This post explores the ten most common types of workplace discrimination, discusses how they manifest, and highlights your rights as an employee in tackling discrimination.
What is Workplace Discrimination?
Workplace discrimination occurs when an employer or coworker treats an employee unfairly or unequally based on their characteristics rather than work performance. Various federal and state laws prohibit workplace discrimination, like the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA).
The 10 Most Common Forms of Workplace Discrimination
Now, let’s look at the most common forms of workplace discrimination that employees face.
1. Discrimination Based on Race or Ethnicity
Racial discrimination could involve derogatory comments, a lack of promotion opportunities, or unequal pay due to someone’s race or ethnicity. For instance, employers might overlook qualified candidates because of stereotypes tied to their heritage.
Example:
According to a 2020 Glassdoor survey, nearly 4 in 10 Black employees in the U.S. say they faced or witnessed racial discrimination at work.
Your rights:
The Civil Rights Act prohibits any work-related discrimination based on race. If you’re in California or Southern California, FEHA offers additional protection.
2. Gender Discrimination
Gender discrimination refers to unequal treatment based on someone’s gender, impacting pay, promotions, and opportunities. It can also involve enforcing gender stereotypes, like assuming caregiving roles align only with women or leadership roles only with men.
Example:
A 2021 report by the Bureau of Labor Statistics showed women in the U.S. earned only 83 cents for every dollar men earned.
Your rights:
The Equal Pay Act of 1963 mandates that men and women receive equal pay for equal work.
3. Age Discrimination
Age discrimination primarily targets older workers, often in the form of forced early retirement, being passed over for promotions, or assumptions that older employees cannot adapt to technology or new processes.
Example:
The Age Discrimination in Employment Act (ADEA) protects workers 40 or older from discrimination, yet nearly 60% of employees aged 50 or older have seen or experienced ageism at work, according to AARP.
Your rights:
ADEA is backed by the FEHA in states like California, ensuring protection against workplaces prioritizing younger demographics.
4. Disability Discrimination
This occurs when employees with disabilities face barriers such as a lack of accommodations or inappropriate treatment due to their condition. Discrimination includes denying modified schedules or accessible workspaces.
Example:
Employers refusing elevator access to wheelchair users or not providing assistive technologies can be examples of disability discrimination.
Your rights:
The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for employees with disabilities.
5. Religious Discrimination
Religious discrimination happens when employees face unequal treatment due to their beliefs or practices. Discrimination can include not allowing prayer breaks, making derogatory comments about religious attire, or favoring certain religious groups in promotions.
Example:
A Muslim worker facing backlash for wearing a hijab or requesting prayer times during their shift could experience religious discrimination.
Your rights:
Both Title VII of the Civil Rights Act and FEHA prohibit discrimination on the basis of religion.
6. Sexual Orientation Discrimination
LGBTQ+ employees often face challenges such as harassment, lack of opportunities, or exclusion in workplaces that aren’t inclusive or progressive.
Example:
Discrimination against a worker because of their same-sex partner’s inclusion on a company’s benefit plan is one example.
Your rights:
Under the Supreme Court’s landmark ruling in 2020, Title VII now includes protections against sexual orientation discrimination.
7. Pregnancy Discrimination
Pregnancy discrimination occurs when expecting or new mothers experience unfair treatment. This includes being denied accommodations or being passed over for promotions due to their pregnancy.
Example:
Employees might be fired or pushed out because their “temporary absence” for childbirth is seen as a productivity issue.
Your rights:
The Pregnancy Discrimination Act (PDA) requires that employers treat pregnancy-related conditions the same as any other medical condition.
8. National Origin Discrimination
This type of discrimination involves treating prospective or current employees differently based on their country of origin, accent, or immigration status. Often mistaken assumptions about language proficiency can also play into this.
Example:
Qualified applicants with foreign work or education experience might be overlooked in favor of local candidates.
Your rights:
Title VII protects employees from discrimination based on their country of origin or accent.
9. Retaliation Discrimination
Employees who report discriminatory behavior (or participate in investigations) might face retaliation through withheld promotions, demotions, or even termination.
Example:
A worker who reports sexual harassment finds themselves reassigned to a less desirable shift as “punishment.”
Your rights:
Laws like Title VII make it illegal for employers to retaliate against employees for asserting their rights under the law.
10. Parental Status Discrimination
This form of discrimination targets not just pregnant employees but also parents, particularly mothers. It comes in unequal pay, fewer promotions, or assumptions about availability.
Example:
A single parent might be overlooked for a managerial role because of the perception that they won’t have “enough time to dedicate.”
Your rights:
Family-friendly workplace laws like the Family and Medical Leave Act (FMLA) guarantee job-protected leave for parents.
Fighting Workplace Discrimination
If you’re facing discrimination in the workplace, the first step is understanding your rights and documenting any incidents. Consult an experienced employment attorney to help build your case and protect your legal rights. At Shaker Law Group, we proudly fight for employees in Beverly Hills, Los Angeles, and California. Our team has successfully represented countless discrimination cases and is ready to help you.
Feeling stuck? We're here to support you.
Contact us at Shaker Law Group for expert guidance or to schedule a consultation. Don’t wait; your workplace should be a place of opportunity, not unfair treatment.
