Recognizing and Preventing Workplace Discrimination
Listen to this articleDiscrimination is the prejudicial and unfair treatment of an individual or group of individuals based solely on their race, gender, age, or sexual orientation. The same applies to prejudicial treatment and unfair treatment based solely on religion, political beliefs, or a physical or mental disability.
A study published by the National Institutes of Health (NIH) found that discrimination is a common occurrence across various industries, including manufacturing and agriculture, construction, technology, and food service and hospitality. Workplace discrimination is also common in the retail and financial services industries.
The Reality of Discrimination in the Workplace
Workplace discrimination can covertly and negatively influence hiring decisions, promotions, and salaries. It can also be overt, appearing as blatant harassment and even exclusion from meetings and job opportunities. To appreciate just how prevalent and pervasive discrimination is in workplaces across the U.S., we need only look at a study published by the Equal Employment Opportunity Commission (EEOC). It revealed that over 88,000 new workplace discrimination cases were filed in fiscal year 2024, a roughly 9% increase compared to cases filed in fiscal year 2023.
Workplace Discrimination and the Consequences for Employers
According to the EEOC, workplace discrimination has far-reaching consequences. The agency states it is within its purview to levy substantial financial penalties on employers who engage in workplace discrimination and even sue them in court to help victims receive the compensation they deserve. To accomplish both of these tasks, the EEOC will carry out the following steps after receiving an official complaint:
- Investigation – After receiving a workplace discrimination complaint, the EEOC immediately starts an investigation. If they find that discrimination has occurred, they will attempt to reach a voluntary settlement or conciliation with the complainant’s employer.
- Discrimination lawsuit – If the EEOC is unable to negotiate a settlement agreement or conciliation with an employer, the government agency will file a discrimination lawsuit. If a judge or jury rules in favor of the EEOC, a court will award damages to the employee. These damages can include compensation for back pay, front pay, and non-monetary losses, such as pain and suffering and inconvenience. In some cases, a court may order the employer to pay the complainant’s attorney fees and other legal costs.
- Injunctive relief – In addition to mandating monetary damages, both the Equal Employment Opportunity Commission and courts can order a complainant’s employer to take actions to prevent future instances of workplace discrimination. Such an order is known as injunctive relief.
Recognizing Workplace Discrimination
When it comes to recognizing workplace discrimination, employers should routinely look for telltale signs of bias, exclusion, and discrimination. Examples of discriminatory practices include written or verbal comments or jokes that are inappropriate, unjustified disparities in pay or benefits, unfair disciplinary actions, and denied promotions or job opportunities. The same applies to unjustified exclusion from important meetings or social events.
Preventing Workplace Discrimination
When it comes to preventing workplace discrimination, there are several things employers can do. Some of these involve the following:
- Conducting periodic audits and reviews related to human resource policies, practices, and employment decisions
- Paying close attention to trends or patterns that might correlate with systemic discrimination or exclusion
- Investing in diversity and inclusion programs, training, and initiatives to promote inclusion
- Encouraging employees to share their perspectives and contribute to diversity and inclusion efforts in the workplace
- Having policies that explicitly prohibit discrimination and harassment based on race, religion, age, and other protected characteristics
- Providing reasonable accommodations to qualified individuals with disabilities so that they can perform their job duties
- Providing training to employees and managers relative to preventing discrimination and harassment in the workplace
- Reporting information related to equal employment opportunity to federal and state agencies as required
In summary, discrimination in the workplace can be horrible for employees. Fortunately, the EEOC has made it easy to file a workplace discrimination complaint, which not only helps victims receive the compensation they deserve but also holds employers who engage in such practices legally accountable.
