Addressing Workplace Discrimination in the USA
Workplace discrimination is the unfair treatment of employees or job applicants based on characteristics protected by law. Discrimination can occur at various stages of employment, from hiring to promotions, compensation, and termination.
Its prevalence and impact are astounding, as 61% of employees have experienced or witnessed discrimination.
8 Types of Workplace Discrimination
The initial step in addressing workplace discrimination is to recognize how it can occur.
Below is a list of U.S. federal laws enforced by the Equal Employment Opportunity Commission (EEOC) and the types of discrimination they safeguard against.
While these laws pertain to the United States, it's important to note that discrimination is prevalent worldwide.
Title VII of the Civil Rights Act of 1964:
Title VII protects employees and job applicants from discrimination on the basis of the following:
Race and Ethnicity
Despite Black workers making up 13% of the workforce, they account for 26% of all EEOC claims filed in relation to racial discrimination.
This discrimination can manifest in various ways, such as refusing to hire or promote individuals based on their race or ethnicity, or creating a hostile work environment through racial slurs and offensive language. These issues are often reflected in a company's culture, where there are occurrences of cultural insensitivity.
For instance, companies may host events that perpetuate racial stereotypes, like Halloween costumes that can be offensive and hurtful.
2. Sexual Orientation and Gender Identity
This form of discrimination occurs when an employee is mistreated due to their actual or perceived sexual orientation. This may look like subjecting an employee to derogatory comments or jokes related to their sexual orientation.
In a survey of 935 LGBT adults, it was revealed that over 40% of LGBT workers reported encountering unfair treatment in their professional lives at some point because of their sexual orientation or gender identity.
This is not an issue of the past, as 31.1% of LGBT respondents disclosed experiencing harassment within just the past 5 years. To avoid negative treatment, some employees have resorted to concealing their LGBT identity, altering their physical appearance, or even resigning from their positions.
3. National Origin
This entails the denial of equal employment opportunity based on an individual's place of origin or physical, cultural, or linguistic traits associated with a specific national origin group.
An instance of this within the workplace may involve unfair work assignments, such as assigning immigrants to less favorable tasks compared to their non-immigrant counterparts, or coworkers engaging in mockery regarding a colleague's accent.
4. Religion
This is when discrimination occurs due to an employee’s religious beliefs, practices, or expressions of faith.
Between 1992, when the EEOC began reporting data, and 2020, charges related to religious-based discrimination in the workplace increased by 73%.
Examples in the workplace include the denial of reasonable accommodations for religious observances and the enforcement of discriminatory dress codes, which disproportionately affect employees who wear religious attire.
The Age Discrimination in Employment Act of 1967 (ADEA):
5. Age
The ADEA protects individuals who are 40 years of age or older from workplace discrimination based on their age. Recent research involving adults aged 40 years and over revealed that more than 40% of respondents had experienced age discrimination at their workplaces in the last three years.
In the pursuit of greater productivity, businesses have adopted the practice of setting arbitrary age limits regardless of job performance.
This practice stems from ageism, which perpetuates beliefs such as how older workers are less productive than their younger counterparts. Consequently, the ADEA serves the purpose of promoting the employment of older individuals based on their abilities rather than their age.
Title I of the Americans with Disabilities Act of 1990 (ADA):
6. Disability
The ADA is made up of four key provisions:
it prohibits discrimination against qualified individuals with disabilities in the workplace
mandates employers to provide reasonable accommodations,
limits the employer's ability to ask disability-related questions during the hiring process
makes it unlawful for employers to retaliate against employees who exercise their rights.
According to the U.S. Department of Labor, the unemployment rate for individuals with a disability is twice as high as the rate for those without a disability, highlighting the need for significant efforts to bridge this gap.
The Pregnancy Discrimination Act (PDA):
7. Pregnancy
The PDA prohibits sex discrimination on the basis of pregnancy, childbirth or a related medical condition. It requires employers to provide reasonable accommodation to pregnant employees such as modified duties or adjustments to work schedules.
An example of an employer violating this act includes firing an employee after they disclose their pregnancy or intention to take leave.
The Equal Pay Act of 1963 (EPA)
8. Sex-Based Wages
The EPA addresses sex-based pay discrimination in the workplace. It mandates that employers must pay male and female employees the same wage for equal work. Exceptions are allowed if pay differences are based on factors other than sex, such as seniority.
According to a survey conducted in October 2022, half of U.S. adults say women being treated differently by employers is a major reason for the wage gap.
Understanding the Complexity of Discrimination
Covert vs. Overt Discrimination
Discrimination, including in the form of racism, can occur in both overt and covert ways.
Overt discrimination is explicit and noticeable, involving actions like the use of racial slurs or direct exclusion based on certain characteristics.
Subtle discrimination is less visible and involves more indirect behaviors or attitudes that convey bias.
Consider this scenario: a new employee is not invited to a social event, and they question whether it's due to their recent disclosure of being bisexual or simply because they haven't yet built strong social connections with their colleagues.
In cases like this, covert discrimination's origin is uncertain, making it hard to identify the cause.
Research cited by the Harvard Business Review has shown that the effects of subtle discrimination can be equally, if not more, harmful than overt discrimination.
Several factors contribute to this, including how subtle discrimination tends to occur more frequently than overt forms, and it often goes unmet with legal consequences.
Moreover, the ambiguity surrounding the reasons for mistreatment leaves targets constantly questioning their experiences as they struggle to understand the motives behind such treatment.
In a case involving Ellen Pao and her former employer, there were several instances of subtle gender bias such as assigning her the role of designated note-taker and placing her at a disadvantage because of her pregnancy.
Unfortunately, the jury dismissed the case, reinforcing studies suggesting that favorable outcomes are more common in overt discrimination cases.
Subtle discrimination can contribute to the creation of a hostile work environment and is significantly more challenging for employers to detect.
Therefore, employers must remain vigilant and recognize that workplace discrimination, whether based on race or other factors, can manifest in both overt and covert forms, ultimately impacting the overall workplace culture.
Significance of Intersectionality and Discrimination
The topic of equal pay is a great way to understand how different types of discrimination can overlap.
According to the U.S. Census Bureau, women made $0.83 for every $1.00 men earned.
However, this pay disparity is more significant for women of color:
Black women earned only $0.64 of what white men did.
Hispanic women even less at $0.57 for every dollar earned.
The takeaway is that even among women, those of different racial and ethnic backgrounds face varying levels of workplace inequality.
While it might be tempting for employers to narrowly focus on one form of discrimination at a time, it's essential to recognize that each employee possesses unique dimensions that contribute to their identity.
These intersecting factors ultimately influence how they are treated in the workplace. This awareness of intersectionality is fundamental to the approach of creating an inclusive work environment.
Consequences of Discrimination in the Workplace
Workplace discrimination carries profound consequences, affecting individuals and organizations on multiple levels.
Three critical aspects are particularly impacted:
Mental and Physical Well-Being
Research has consistently shown that individuals subjected to discrimination face higher risks of stress, depression, and susceptibility to health issues such as hypertension, cardiovascular disease, breast cancer, and mortality.
The physical and psychological toll of discrimination should not be underestimated, highlighting the necessity for employers to prioritize this issue and implement preventative policies.
2. Organizational Loss
Working in a hostile environment will only lead to decreased employee morale and disengagement. This decline in employee engagement carries significant costs for employers, as disengagement globally costs the economy trillions of dollars annually.
Furthermore, having a reputation as a company that does not care for its employees' rights can hinder the recruitment of top talent and tarnish the company's image.
3. Legal Disputes
Violations of laws protecting employees from discrimination can lead to severe legal repercussions, including substantial fines and compensation for victims.
One of the nation's largest employers, Starbucks recently faced a discrimination lawsuit. In this case, the company was found guilty of firing a white manager as part of a PR response to a prior scandal regarding the mistreatment of Black customers at a Philadelphia store.
The outcome of this lawsuit was $25.6 million in damages awarded to the ex-manager after a six-day trial. This case highlights the significant legal and financial consequences that can arise from workplace discrimination.
Discrimination Prevention Strategies
Implement an Anti-Discrimination Policy
As discrimination laws can differ depending on where you’re located, it is important to familiarize yourself with local requirements and use that as a guide for your anti-discrimination policy.
Refer to the detailed explanation of U.S. federal laws regarding workplace discrimination provided above.With insights from applicable laws, establish a clear anti-discrimination policy or review your existing one for any overlooked areas.
Here are the 7 essential elements to include in an Anti-Discrimination Policy:
Statement of Commitment:
Express the organization's dedication to preventing all forms of discrimination.
2. Definitions:
Define key discrimination-related terms and provide examples to ensure clarity among all employees. Address different manifestations of discrimination, including covert vs. overt discrimination, harassment, and retaliation.
3. Prohibited Grounds:
List all protected classes such as race, color, religion, gender, sexual orientation, age, and disability.
4. Reporting Procedure:
Outline the process for reporting discriminatory incidents, specifying whether victims should contact HR, a manager, or an anonymous hotline. Include expected response and resolution timelines.
Emphasize that individuals reporting discrimination will not face retaliation and the steps that will be taken to prevent retaliation.
5. Investigation Process:
Describe how the organization will maintain fairness and confidentiality during investigations.
6. Consequences:
Specify disciplinary actions against perpetrators, which may include termination.
7. Support and Resources:
Provide information on available resources such as counseling or legal assistance.
Diversity Training and Education
For the anti-discrimination policy to be more than words on paper, it has to be distributed, understood and practiced by all employees, regardless of seniority.
This can be achieved through diversity, equity, and inclusion training. Education will help employees understand the new policies, the organization’s goal in eliminating discrimination, and how to identify cases of unconscious bias and microaggressions.
Audit Current Business Processes
Instances of unintentional discrimination may appear in job descriptions, recruitment tests, and promotional processes. Ensure you are implementing best practices for inclusive job postings and reviewing demographic data to identify underrepresentation or signs of discrimination.
For example, a lack of representation of women in leadership roles may indicate bias in favor of male candidates in promotional processes.
Regularly Monitor and Review Workplace Practices
Proactively address all discrimination complaints promptly, following proper procedures to ensure fairness.
To cultivate a workplace with zero tolerance for discrimination, take active steps to integrate diversity and inclusion into your company culture. This can involve implementing DEI team activities or supporting the development of employee resource groups.
The Ongoing Effort Against Discrimination at Work
Discriminatory behavior in the work environment can manifest in several intersecting ways. It has far-reaching consequences that affect employees, business outcomes, and the overall workplace culture.
As a result, it is essential for employers to maintain a commitment to zero tolerance for such behaviors. This can be achieved through the continuous implementation and monitoring of preventative measures.
