Employment Discrimination Types and Examples

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Employment discrimination happens when an employee or job applicant is treated unfavorably because of his or her race, skin color, national origin, gender, disability, religion, or age. It is illegal to discriminate in any facet of employment, so workplace discrimination extends beyond hiring and firing.

What is Employment Discrimination?

It is illegal to discriminate based on race, religion, gender, or national original when hiring.

Federal contractors and subcontractors must take affirmative action to guarantee equal employment opportunity without regard to these factors. Executive Order 11246 is enforced by the Office of Federal Contract Compliance Programs (OFCCP).

In addition, Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate in hiring, discharge, promotion, referral, and other facets of employment, on the basis of color, race, religion, sex or national origin. This is enforced by the Equal Employment Opportunity Commission (EEOC).

Different Types of Employment Discrimination

Workplace discrimination occurs when an individual is adversely discriminated against due to any number of factors. In addition to the reasons listed above, employees and job applicants can also be discriminated against because of disabilities, genetic information, pregnancy, or because of their relationship to another person.

Review this list of the different types of employment discrimination, examples of workplace discrimination, and tips for handling workplace discrimination issues.

  • Age
  • Gender
  • Race
  • Ethnicity
  • Skin Color
  • National Origin
  • Mental or Physical Disability
  • Genetic Information
  • Relationship to someone who may be discriminated against
  • Pregnancy or Parenthood

Examples of Employment Discrimination

Employment discrimination could occur in any number of situations, including:

  • Stating or suggesting preferred candidates in a job advertisement
  • Excluding potential employees during recruitment
  • Denying certain employees compensation or benefits
  • Paying equally-qualified employees in the same position different salaries
  • Discriminating when assigning disability leave, maternity leave, or retirement options
  • Denying or disrupting the use of company facilities
  • Discrimination when issuing promotions or lay-offs

Discrimination Legislation and Issues

Age Discrimination
Age discrimination is a practice specifically protected by law. With a few rare exceptions, companies are forbidden from specifying an age preference in job advertisements. Employees must receive the same benefits regardless of age, the only exception being when the cost of providing supplemented benefits to young workers is the same as providing reduced benefits to older workers. Also, age discrimination in apprenticeship programs or internship opportunities is illegal.

Religious Discrimination
It is illegal for employers to discriminate based on an individual's religious customs. Businesses are required to reasonably accommodate an employee's religious beliefs, as long as doing so doesn't have excessive negative consequences.

Gender Discrimination
When paying a salary to men and women of the same qualifications, responsibility, skill and position, employers are forbidden to discriminate on the basis of gender. Also, businesses are forbidden from lowering one gender's salary in order to equalize pay between men and women.

Pregnancy-Based Discrimination
Additionally, pregnancy-based discrimination is illegal. Employers are required to handle pregnancy in the same way that they would handle a temporary illness or other temporary condition that would necessitate special consideration.

Unlawful Discrimination and Harassment

It's important to note that discriminatory practices can occur in any aspect of employment. It is illegal for an employer to make assumptions based on race, gender, or age-related stereotypes, and it's also unlawful for an employer to assume that an employee may be incapable because he or she is disabled.

Additionally, companies are prohibited from withholding employment opportunities from an employee because of his or her relationship with someone of a certain race, religion, or ethnicity. Unlawful discrimination also includes harassment based on legally protected personal traits, including (but not limited to) race, gender, age, and religion.

Employment Discrimination Complaints

Under United States laws, companies are prohibited to subject employees to unfair treatment or blatant discrimination based on these legally protected characteristics. Also, it is illegal for an employer to retaliate against a person who has filed a complaint about discrimination or participated in an investigation.

While not all unfavorable treatment constitutes unlawful discrimination, any employee who believes that he or she has experienced workplace discrimination can file a complaint with the EEOC (The Equal Employment Opportunity Commission). Here's how to file an employment discrimination claim.

Suggested Reading: How to Handle Harassment at Work | Employment Discrimination Laws

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