Workplace discrimination is an ongoing issue in the U.S. and remains a significant barrier to fair employment. Employment discrimination occurs when a person is treated unfavorably due to a protected characteristic, such as race, national origin, gender identity, sexual orientation, or disability. To combat this, federal law provides protections under various acts enforced by the U.S. Equal Employment Opportunity Commission (EEOC) to ensure that individuals can work in a safe, fair, and inclusive work environment.
Types of Discrimination in the Workplace
Workplace discrimination can take many forms and can be based on a number of protected characteristics, from gender and sexual orientation to age and religion.
Racial Discrimination
Unfair treatment based on race, color, or national origin is one of the most common forms of discrimination. Federal law prohibits discrimination related to these characteristics under Title VII of the Civil Rights Act of 1964.
Gender Identity and Sexual Orientation Discrimination
Gender identity and sexual orientation are protected classes, meaning that individuals cannot face discrimination based on these characteristics. Protection for sexual orientation and gender identity discrimination also falls under Title VII, alongside protections against sexual harassment.
Religious Discrimination
Title VII also requires employers to provide reasonable accommodations for employees’ religious beliefs, unless it causes undue hardship on the business. Religious discrimination includes failure to accommodate, as well as harassment due to religious beliefs.
Disability Discrimination
Disability discrimination, which is covered under the Americans with Disabilities Act (ADA), prohibits discrimination against individuals with disabilities or related medical conditions. The ADA also mandates reasonable accommodations for qualified individuals with disabilities unless it would cause undue hardship.
Age Discrimination
The Age Discrimination in Employment Act (ADEA) protects employees aged 40 or older from unfair treatment. Age-based slurs or biases can contribute to a hostile work environment and are prohibited under federal law.
Genetic Information Discrimination
The Genetic Information Nondiscrimination Act (GINA) prevents discrimination based on genetic information, including related medical conditions or family health history. Employers cannot use this information to make decisions regarding employment, such as hiring, layoffs, or promotions.
Equal Pay and Compensation Discrimination
The Equal Pay Act requires that men and women receive equal pay for equal work. Pay disparities that arise solely from gender can result in a discrimination complaint and even a discrimination lawsuit.
Legal Protections Against Workplace Discrimination
The EEOC enforces laws that prohibit job discrimination based on protected characteristics. Employers and state and local governments must comply with these federal laws. In addition to federal law, various state laws may provide additional protections against employment discrimination. States and local governments may also have their own
The primary federal laws and protections include:
Title VII of the Civil Rights Act of 1964
This law protects against employment discrimination based on race, color, religion, sex, and national origin.
Americans with Disabilities Act (ADA)
The ADA prohibits discrimination against individuals with disabilities and mandates reasonable accommodations.
Age Discrimination in Employment Act (ADEA)
Employees over the age of 40 are protected from age-related discrimination by the ADEA.
Equal Pay Act
The Equal Pay Act mandates that pay be equal for equal work regardless of gender.
Genetic Information Nondiscrimination Act (GINA)
This law protects employees from discrimination based on genetic information.
Granting Reasonable Accommodations to Employees
Employees and job applicants are generally expected to request accommodations as soon as a need arises. The employer should then discuss the situation with the employee or applicant to understand their needs and consider accommodation options. Overall, a reasonable accommodation supports an individual’s ability to work effectively without compromising essential job functions or creating undue hardship for the employer.
What Makes an Accommodation “Reasonable”?
For an accommodation to be considered reasonable, it should:
- Enable the employee or applicant to perform the essential functions of the job.
- Allow for equal employment opportunities without disrupting core job requirements.
- Be feasible for the employer to provide without causing undue hardship (significant difficulty or expense).
Examples of Reasonable Accommodations
A “reasonable accommodation” is any change or adjustment to a job, work environment, or application process that enables a qualified individual with a disability, or an employee requiring a religious accommodation, to perform the essential functions of their job or to have equal employment opportunities.
Some examples of reasonable accommodations that could be required by law include:
- Making physical modifications to the workplace (i.e. ramps, accessible parking spaces, restroom modifications, etc.)
- Changing work schedules (i.e. flexible work schedules, reduced work hours, etc. for medical or religious reasons)
- Remote work options (i.e. allowing employees with health concerns or disabilities to work from home when possible)
- Providing technology or assistive equipment (i.e. tools like screen readers, specialized keyboards, or noise-canceling headphones)
- Job restructuring of non-essential tasks (i.e. assigning seated tasks to employees who cannot stand for long periods)
- Religious accommodations (i.e. permitting religious attire in the company dress code, allowing days off for holy days)
- Providing leave or additional breaks (i.e. for medical treatments, religious observances)
- Reassigning to another position (i.e. if an employee can no longer perform their original job but there is a vacant position that suits their needs)
- Providing accessible application materials (i.e. supplying large-print or digital application forms for visually impaired applicants)
- Offering alternative interview options (i.e. extra time for interviews, or arranging for sign language interpreters if needed)
Factors That Define Undue Hardship
“Undue hardship” is a legal standard used primarily in employment law that refers to situations where accommodating an employee’s needs would create significant difficulty or expense for the employer. Because defining what counts as undue hardship is subjective, determining what is and isn’t is typically determined on a case-by-case basis.
Significant Cost or Expense
An accommodation might be considered an undue hardship if it requires excessive financial resources that would be burdensome relative to the size and budget of the business. For example, a small company may not have the resources to fund the same accommodations as a large corporation and may be unable to afford costly specialized equipment for an employee with a disability without severe financial impact.
Disruption of Business Operations
If an accommodation disrupts business efficiency or impacts essential operations, it may be deemed an undue hardship. For example, modifying schedules to accommodate an employee’s religious practices might be reasonable in some roles, but in a critical staffing position, it may not be feasible. Accommodating a request for extensive time off for religious observance in a position with a critical role, like an emergency responder, could be deemed an undue hardship if it impacts essential coverage.
Impact on Workplace Safety
Accommodations that compromise the safety of the workplace or other employees could qualify as undue hardship. For instance, if an employee’s disability requires them to use specialized equipment that interferes with safety protocols, the employer may not be required to make the accommodation. Modifying equipment that needs specific safety certifications may be an undue hardship if it increases risk or violates regulatory standards.
Effect on Other Employees
When an accommodation negatively impacts other employees or their ability to do their jobs, it might be considered an undue hardship. For example, if an accommodation requires significant schedule changes that place a heavy workload on co-workers, a company may not be required to make those adjustments.
Feasability of the Accommodation
The feasibility of the accommodation depends on the specific needs of the employee and the nature of their work. For instance, allowing remote work for certain roles may be possible, while for others that require on-site presence (such as manufacturing or retail), it may not. If an employee requests to be excused from certain job functions due to a religious belief or for other reasons, and those tasks are essential to their role, it might be classified as an undue hardship.
Steps for Addressing Workplace Discrimination
No matter how inclusive your company culture already is, instances of discrimination could still occur, whether inadvertently or not. It’s therefore important for HR to establish a clear process for handling workplace discrimination. Following these steps ensures compliance, protects employee rights, and reinforces a positive workplace culture:
1. Create an Open Reporting System
Encourage employees to report discrimination concerns early and in confidence. An open reporting system allows employees to communicate directly with HR or managers through an accessible and confidential process, making it clear that issues will be handled professionally and without retaliation.
It’s essential that this reporting system be genuinely confidential and anonymous and that HR investigates reported issues, or employees won’t trust the reporting system.
2. Conduct Investigations Promptly
Once a discrimination complaint is filed, initiate a thorough, impartial investigation promptly. Ensure that all involved parties have a fair opportunity to share their perspectives, and gather any relevant documentation to support the review.
3. Follow All EEOC Guidelines
Adhere to the EEOC’s recommended protocols for addressing discrimination complaints. This may include documenting each step, maintaining a record of all findings, and ensuring that the entire process aligns with both federal and state anti-discrimination laws.
4. Implement Interim Measures
During investigations, consider temporary adjustments to protect the involved parties, such as modifying schedules or assignments. These measures can ensure that employees feel secure while the investigation is underway.
5. Take Appropriate Disciplinary Action
If discrimination is confirmed, address the issue swiftly with disciplinary actions aligned with company policy and legal standards. Document all actions taken and clearly communicate them to the involved employees to demonstrate that the company takes discrimination seriously.
6. Offer Follow-Up Support
After resolving a discrimination complaint, check in with the affected employees to provide continued support and ensure no further issues arise. Following up also demonstrates the company’s commitment to a healthy work environment.
Preventing Workplace Discrimination
Ideally, workplace discrimination would be prevented before it could ever begin. This requires a proactive, structured approach to foster a positive, inclusive company culture so that it’s clear to employees that discriminatory behavior isn’t tolerated at any level of the organization.
Establish a Clear Anti-Discrimination Policy
Develop a comprehensive anti-discrimination policy that clearly defines unacceptable behavior, protected classes, and consequences for violations. Share the policy widely, make it accessible, and reinforce it during onboarding and regular training sessions.
Implement Regular Training Programs
Provide ongoing training on anti-discrimination practices, sensitivity, and cultural awareness to all employees, including management. Training should cover topics such as recognizing unconscious bias, respecting diversity, and responding to discrimination professionally.
Utilize an Applicant Tracking System in Hiring
Part of promoting an inclusive work culture is making sure that your hiring is diverse. Using an ATS can help to strip away unconscious biases and focus only on qualifications that matter to the role in question. The more diverse the company at all levels, the more anti-discrimination can be woven into the company culture.
Prioritize Diversity in Succession Planning
Some companies focus on diversity at the lower levels, but middle and upper management are less diverse. Without those diverse voices and experiences at all levels, it’s easier for discrimination to occur. Use software when necessary to avoid letting unconscious biases hold back otherwise highly qualified individuals from promotions that could benefit the company. Studies have shown that organizations with diversity at all levels are often more successful because they’re better able to understand and meet the needs of a more diverse customer base.
Monitor and Evaluate Company Policies Regularly
Regularly review your anti-discrimination and other workplace policies to ensure they remain compliant with federal, state, and local laws. Make updates as necessary and communicate changes clearly to all employees. It’s a good idea to schedule a policy review process at regular intervals; updates may not always be necessary, but a regular reviews can help you to address gaps in the policy right away.
