Common Forms of Discrimination in the Workplace

Table Of Contents

What Is Age Discrimination?

Age discrimination is unfair treatment of an applicant or employee because of age. The Age Discrimination in Employment Act (ADEA) protects individuals aged 40 and over. Age discrimination applies to any aspect of employment. Employment aspects include hiring, firing, pay, job assignments, promotions, layoffs, and fringe benefits. Employment aspects also include any other term or condition of employment. An employer cannot favour a younger worker over an older worker in a protected class. An employer cannot set age limits for employment.
Age discrimination also occurs when an employer creates policies that appear neutral but disproportionately affect older workers. An example is requiring physical fitness tests for positions that do not genuinely need such strenuous activity. Another example is a policy that reduces benefits for older workers. These policies can indirectly discriminate against older workers. Employers must provide a legitimate, non-discriminatory reason for any employment decision. The reason cannot be based on an employee's age.

How Does Age Discrimination Manifest in the Workplace?

Age discrimination manifests in the workplace through various subtle and overt actions. An employer uses coded language in job advertisements. Phrases like "digital native" or "energetic team" deter older applicants. Hiring managers focus on a candidate's age rather than their qualifications during interviews. Older employees get passed over for training opportunities. Younger employees receive the same training.
Age discrimination also appears in performance evaluations. Older workers sometimes receive unfairly harsh critiques. The critiques do not reflect their actual performance. Employers sometimes offer early retirement incentives only to older staff. Younger staff do not receive these same offers. These actions create a hostile work environment for older employees. Older employees feel devalued.

What Are Common Forms of Disability Discrimination?

Common forms of disability discrimination include treating a qualified individual with a disability unfavourably. The Americans with Disabilities Act (ADA) prohibits disability discrimination. This unfavourable treatment happens in all aspects of employment. These aspects include recruitment, hiring, promotions, training, pay, and firing. Employers must provide reasonable accommodations for qualified individuals with disabilities.
Disability discrimination includes denying employment opportunities to a qualified individual because of the individual's disability. An employer cannot ask about a disability before a job offer. An employer cannot require medical examinations before a job offer. The employer keeps all medical information confidential. Disability discrimination extends to employees with a history of a disability. Disability discrimination also covers employees perceived as having a disability.

How Does Disability Discrimination Affect Employment Decisions?

Disability discrimination affects employment decisions by creating barriers for qualified individuals. An employer might reject an applicant solely due to a visible disability. The applicant possesses all necessary qualifications. An employer might deny a promotion to an employee. The employer assumes the employee’s disability limits their capacity for increased responsibility. These decisions are unlawful.
Disability discrimination also affects an employee’s career progression. An employer might refuse to provide reasonable accommodations. This refusal prevents an employee from performing important job functions. The employee could perform the functions with accommodation. This refusal forces the employee out of a job. Employers sometimes harass employees because of their disability. This harassment creates a hostile work environment.

What Is Gender Discrimination?

Gender discrimination is unfair treatment of an individual because of an individual's gender identity. Gender discrimination includes discrimination based on sex. Gender discrimination includes discrimination based on sexual orientation. Gender discrimination includes discrimination based on gender identity. Gender discrimination includes discrimination based on pregnancy status. The Civil Rights Act of 1964 prohibits gender discrimination. Gender discrimination encompasses all aspects of employment. Employers provide equal opportunities for all genders.
Gender discrimination also includes sexual harassment. Sexual harassment involves unwelcome sexual advances or conduct. This conduct creates a hostile work environment. It also includes quid pro quo harassment. Quid pro quo harassment involves demands for sexual favours in exchange for employment benefits. Employers must prevent and address sexual harassment. All employees deserve a workplace free from harassment.

How Does Gender Discrimination Manifest in the Workplace?

Gender discrimination manifests in the workplace through various discriminatory practices. Women often receive lower pay than men for performing the same job. This pay gap is a clear form of gender discrimination. Employers sometimes deny women promotions. Men with less experience receive these promotions. This creates a glass ceiling for women.
Gender discrimination appears in hiring practices. Some employers prefer male candidates for certain roles. Employer preferences are based on gender stereotypes. Pregnant employees face unfair treatment. Employers deny pregnant employees leave. Employers terminate pregnant employees' employment. Employers create an environment where gender-based jokes or comments are tolerated. This environment creates a hostile work environment.

FAQS

What is race discrimination?

Race discrimination is unfair treatment of a person because of race or ethnicity. Race discrimination includes discrimination based on skin colour. Race discrimination includes discrimination based on ancestry. Race discrimination includes discrimination based on national origin. Race discrimination also includes discrimination based on characteristics associated with race. These characteristics include hair texture. These characteristics include facial features. Federal law prohibits race discrimination.

How does religious discrimination occur in the workplace?

Religious discrimination occurs when an employer treats an applicant or an employee unfavourably because of the applicant's or the employee's religious beliefs. Religious discrimination includes denying reasonable accommodation for religious practices. An employer cannot force an employee to participate in religious activities. An employer respects an employee's religious observance.

Which protected characteristics are covered by federal anti-discrimination laws?

Federal anti-discrimination laws cover several protected characteristics. These characteristics include race, colour, religion, sex, national origin, age (40 and over), and disability. These laws also protect against discrimination based on genetic information. Employers must adhere to these federal protections.

What are examples of national origin discrimination?

Examples of national origin discrimination include treating individuals unfavourably because of an individual's country of origin. National origin discrimination also includes discrimination based on an individual's ethnicity or an individual's accent. Employers cannot deny employment based on a person's perceived foreignness. Employers treat all employees equally.

Why is genetic information discrimination prohibited?

Genetic information discrimination is prohibited because genetic information discrimination prevents employers from using genetic test results in employment decisions. The Genetic Information Nondiscrimination Act (GINA) protects individuals. Employers cannot use genetic information to make hiring decisions. Employers cannot use genetic information to make firing decisions. Employers cannot use genetic information to make promotion decisions.

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