Discrimination in the Workplace

It’s important to understand what discrimination actually is, your rights, and how to handle it if it happens to you or in front of you.

By Dawn Papandrea, Monster contributor

Discrimination in the workplace happens across America, with serious implications for workplace culture, recruiting, and overall employee health and productivity.

According to survey respondents in the 2020 Monster State of the Candidate survey, nearly one in four people have reported feeling discriminated against in the workplace. Other related findings include:

  • Millennials (37%) and candidates living in urban areas (35%) were more likely to report witnessing discrimination at their workplace.
  • More than 1 in 4 (29%) have witnessed discrimination in their workplace. Among those, respondents believe it was because of race (40%) and age (35%).
  • Of those who witnessed discrimination at work, one in five (20%) chose to say nothing about it.
  • Of those who didn’t speak up, it was because they knew their company wouldn't do anything about It (43%), they didn't feel comfortable (33%), or they were scared it would get them in trouble (19%).

Read on to understand what discrimination actually is, your rights, and how to handle it if it happens to you or in front of you.

What Is Discrimination in the Workplace?

Employment discrimination occurs when a worker or job candidate is not treated the same as others solely because of their race, ethnicity, gender, religious beliefs, or age.

In this country, it is against the law to discriminate against anyone in the workplace because of race, religion, gender, pregnancy, disability, or national original. This stems from the Civil Rights Act of 1964 and is enforced by the Equal Employment Opportunity Commission (EEOC). In addition, the Americans with Disabilities Act (ADA) protects employees with disabilities from discrimination.

According to the Washington Post in collaboration with the Center for Public Integrity, more than 1 million employment discrimination complaints have been filed with the government from fiscal years 2010–2017, 930,000 of which have been closed as of January 2018. Of those closed cases, the most common alleged forms of discrimination at work were:

  • retaliation
  • racial discrimination in the workplace
  • gender discrimination in the workplace
  • age discrimination in the workplace
  • discrimination related to a disability or other medical condition

Some discrimination in the workplace is subtle and might be happening unconsciously (such as a firm targeting younger candidates). Other cases are more blatant and obvious. Showing preference to certain “types” of candidates in job postings or avoiding candidates based on a group they are part of is discrimination. Among current employees, compensation, benefits, promotions, and other career advancement opportunities that tend to favor one group over another (for instance, men over women) is discrimination.

Figuring Out If You’re the Victim of Discrimination

If your boss is a jerk and likes to berate you and yell at you, that’s not cool—but it’s not necessarily discrimination. If he’s singling you out and you suspect it’s because of your gender, race, or ethnicity, then it may very well be. If you’re an older worker, and you feel like you’re being “pushed out” to make room for a younger hire, that could be discrimination as well.

Didn’t get the raise you thought you deserved? Sure, it could be discrimination if you realize that everyone else got raises except the Latinx employees. However, your employer could argue that those decisions were strictly related to job performance or budget constraints and therefore, affect everyone in the same way regardless.

Getting passed over for a new job or a promotion could happen for a number of reasons that have nothing to do with discrimination as well. Maybe there was a better-suited candidate, or perhaps management has another role for you in mind. Of course, if you suspect that you lost an opportunity because you’re a woman who might become pregnant, that’s a whole other story.

What to Do If You Believe You Are Being Discriminated Against

If you feel like you’re the victim of employee discrimination, it could make for an uncomfortable situation to say the least. It’s important to understand your rights, and to have a support network.

During Monster's LGBTQ Pride and Work panel, Jarvis Sam, senior director of diversity recruiting, global sourcing, and talent experience at Nike, reinforced the importance of documenting any experiences you have, including the date, time, who was present, and what was said/done to you. If you have email, photos, or video proof of harassment related to the discrimination, be sure to save that as well.

The EEOC allows you to file a complaint, and makes it illegal for the employer to retaliate against you for doing so. Before you get to that level, however, consider trying to work with your employer first.

"If you are in a position where you feel uncomfortable by something that is said or something that is done, I think a one-on-one conversation is a really great place to start with an individual, particularly under the construct of assuming positive intent,” says Sam. "[Afterward] send them a note, reiterating some of the key points that came out of that discussion. That way it is at least documented.”

If you're not sure about directly meeting with the aggressor, is there an HR department professional or manager who you can speak with? Perhaps your supervisor is discriminating against you, but the rest of the company is not aware of their behavior. If you know or suspect that you are not the only one being discriminated against, speak to the other parties as there can be strength in numbers.

" The role of human resources in that regard is to be a center of expertise and business partner for you in that forum ," Sam says, "and to work as an advocate for understanding the scope and nature of incidences of escalations, and to help you as an employee feel both psychologically and physically safe."

Filing a complaint with HR is also important for establishing a paper trail should you decide to take legal action down the line. If you do file a complaint, your employer is required by law to investigate.

If you don’t receive an adequate response or solution from your employer, you can either go straight to the EEOC, which will launch an investigation on your behalf, or, you may also want to seek legal help from an attorney specializing in employment law.

If you are a witness to discrimination in the workplace, whether or not you decide to get involved depends on a number of factors. Certainly, if the victim names you as a witness, you will want to be truthful about what you observed. Otherwise, it's up to you to decide if you’re in a position to call out the discrimination at work or report it to your manager or HR.

Another option to consider is leaving your company for good. A toxic workplace can take years to right its wrongs and see real cultural change take place. Don't wait around.

Discrimination in the Workplace Is Everybody's Problem

Employment discrimination is an ugly reality that you may encounter at some point in your career, but you don't need to live with it. Could you use some help taking the first steps to a new job? Monster can send you free custom job alerts to cut down on the time you spend looking for new opportunities. Let us help you find a fresh start.

This article is not intended as a substitute for professional legal advice. Always seek the advice of an attorney regarding any legal questions you may have.