Examples of Workplace Discrimination 

Job discrimination takes many different forms and can involve any aspect of employment, from hiring and firing to promotions and compensation.   

The U.S. Equal Employment Opportunity Commission (EEOC) breaks job discrimination down into the following categories:  

Unfair Treatment 

This is prejudicial treatment of people and groups based on the protected characteristics listed above. These behaviors include offensive comments, exclusion from meetings and promotions, being underpaid compared to colleagues, and wrongful termination.    

Harassment 

Harassment is unwelcome conduct based on any of the protected categories previously mentioned. Slurs, epithets, offensive jokes, ridicule, name calling, intimidation, and physical assaults or threats are all examples of harassment.  

Harassment often creates a hostile work environment that makes it difficult for the victim to do their job.  Under the law, in order to constitute a hostile work environment (i.e. actionable harassment), one of the following must be present:

• (1) enduring the harassment must become a condition of employment; or
• (2) the harassment / conduct must be so severe or pervasive that it creates a work environment that a reasonable person would find intimidating, hostile, or abusive.  

Denial of a Reasonable Workplace Change 

The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for qualified workers with disabilities, provided they do not cause undue hardship to the employer.  

Qualifying disabilities are mental or physical impairments that substantially limits one or more of the employee’s major life activities (ex. Breathing, walking, talking, hearing, seeing, sleeping, etc.). In order to be a qualified disabled person under the ADA, the employee must have a qualified disability and must be able to perform the essential functions of the job, with or without reasonable accommodation.  Reasonable accommodations may include the following (depending on the employment situation): equipment modifications, shifting job duties, and making adjustments to the workspace.  

Improper Questions or Disclosure of Personal Information 

In some circumstances, employers are privy to workers’ personal health history and medical information. Disclosing these details unnecessarily is a form of discrimination, as is asking an employee questions about their genetic or medical information that has no relevance to their employment.   

Retaliation 

Workers who file complaints or participate in workplace discrimination investigations or lawsuits are protected from retaliation under the law.   

Examples of retaliation include demoting or terminating a worker for filing a complaint with human resources, spreading rumors about their job performance or personal life, or giving the worker a poor job review simply because they are cooperating with an ongoing discrimination lawsuit.  

Steps to Take If You Suspect Workplace Discrimination 

Every worker in this country has the right to work in an environment that is free from discrimination. If you encounter harassment, the first step is to tell the perpetrator to stop, report the harassment internally through the policies and procedures set forth by your employer for reporting harassment,  and contact an employment law attorney at The Noble Law for guidance. In some circumstances, this may be enough to end the offensive behavior.  

Of course, if you feel unsafe confronting the individual in question, withdraw from the interaction and go directly to your employer to file a complaint, ideally in writing. Ask for a copy of the report, and be sure to document your experience. Save and make copies of emails, texts, photos, and any other evidence to support your claim.    

Documenting these incidents is critical to validate your claims and build a compelling case if you decide to take legal action. If your employer fails to rectify the situation, you can go a step further and file a complaint with the EEOC.  

Some EEOC complaints are resolved through mediation. In other instances (or if mediation is not successful), the EEOC will investigate your claim and make a decision. If they do not find that a violation occurred, you have 90 days to file a workplace discrimination lawsuit.  Even if they do find a violation, the company may still be reticent to resolve the matter and you may still receive a determination and letter that gives you 90 days to file the lawsuit in Federal court.  Your attorney assists and advises you at each step of this process.