Employment discrimination is unfair treatment based on personal characteristics, impacting hiring, promotion, opportunities, and overall treatment. This article explains what it is, different types, how to address it, and its relevance to remote work.
What is Employment Discrimination?
It’s unlawful treatment based on protected characteristics like race, religion, age, veteran status, national origin, pregnancy, and disability. This can include biased decisions in hiring, promotion, training, benefits, and compensation, as well as harassment based on these characteristics.
Discrimination vs. Harassment
While related, discrimination is unequal treatment based on protected class membership, while harassment is unwanted behavior that creates a hostile work environment. Harassment can be a form of discrimination.
Types of Employment Discrimination:
The most common types, as identified by the EEOC, include discrimination based on:
- Race
- National Origin
- Sex/Gender
- Disability
- Religion
- Age
- Pregnancy
- Retaliation (for reporting discrimination)
What to Do if Discrimination Occurs:
For Employees
Know Your Rights: You have the right to a workplace free from discrimination and harassment.
Report the Incident: Contact the EEOC (for most types) or the OFCCP (for disability or veteran status discrimination).
File a Formal Complaint (Charge of Discrimination): Provide detailed information about the incident and any evidence. The EEOC will then investigate and attempt to mediate a resolution. If a violation is found and a resolution isn’t reached, the EEOC may pursue legal action or you may file your own lawsuit.
For HR Professionals
Support the Employee: Assist employees in reporting discrimination and follow company anti-discrimination policies.
Investigate the Claim: Conduct a thorough and confidential investigation, following established procedures.
Cooperate with the EEOC: Provide necessary information and support during their investigation.
Take Appropriate Action: Implement solutions based on the EEOC’s findings.
Employment Discrimination in Remote Workplaces:
Remote workers are also protected from discrimination. Companies should have clear anti-discrimination policies that address remote work contexts, including reporting procedures and training on inclusive communication and implicit bias. Remote employees are covered by the laws of their country of residence, even if different from their employer’s location.
FAQs:
- Age Discrimination in Employment Act (ADEA): Protects against age-based discrimination in employment decisions and compensation.
- Filing a Complaint: Initially file complaints through the EEOC Public Portal.
- EEOC Process: The EEOC investigates complaints and attempts mediation. If unsuccessful, they may pursue legal action or the employee can file a lawsuit.
- Proving Discrimination: Evidence can include direct evidence (e.g., emails), circumstantial evidence, or a pattern of discriminatory practices.
By understanding the nuances of employment discrimination and taking proactive steps to prevent and address it, businesses can create a fair, inclusive, and respectful workplace for all employees.