What is Workplace Discrimination?

Workplace discrimination occurs when an individual is treated unfairly due to his race, national origin, gender, religion, age, veteran status, disability or other class protected by law.Those who report workplace discrimination are also protected.

Protected Class

In order for an employer to be guilty of workplace discrimination under Equal Employment Opportunity laws, unfair treatment must occur due to a legally protected category. Proving or disproving workplace discrimination can be difficult, as allegations tend to be very subjective and difficult to evaluate.

Employee Remedies

Employees victimized by workplace discrimination may receive remedies including back pay, a court order to stop the discrimination, monetary damages for pain and suffering, and restoration of their former position if fired or transferred.

Time Limits

Generally, claims alleging workplace discrimination must be filed within 180 days of the discriminatory activity. In cases of sexual harassment, victims must file within 90 days of being notified of their right to sue by the EEO Commission.

Consistency is Key

Avoid possible allegations of workplace discrimination by treating employees fairly and establishing consistent policies that apply equally to all employees. Avoid interjecting personal beliefs into workplace conversation, and avoid behavior that could be interpreted as discriminatory.

Eyes and Ears

Detecting workplace discrimination can be difficult, but careful observation can be helpful. If a co-worker alleges discrimination or provides a tip about possible discrimination, listen carefully, make notes, and follow up. Request assistance of your human resources department when necessary.

Education and Teamwork

Preventing workplace discrimination through employee education can help avoid costly litigation and poor employee morale. Work with managers, employees and human resources to develop effective training and prevention programs.

Resources

• Dealing with Discrimination in the Workplace