Workplace discrimination is when an employee or job applicant is treated unfairly or unfavorably because of certain personal characteristics that have no bearing on their ability to do the job.
Most developed countries have laws that specifically prohibit discrimination based on “protected characteristics,” though the specific list can vary. Common protected characteristics typically include:
- Race, color, and national origin
- Sex and gender (including pregnancy, sexual orientation, and gender identity)
- Religion
- Disability
- Age (usually 40 and older)
- Genetic information
This unfair treatment can happen at any stage of employment, from the moment a person applies for a job to when they are hired, paid, promoted, or even fired.
Types of Workplace Discrimination
Discrimination isn’t always obvious. It can take a few different forms:
- Direct Discrimination: This is the most straightforward type. It happens when someone is treated less favorably than others specifically because of a protected characteristic. For example, not hiring a qualified applicant because of their age.
- Indirect Discrimination: This is more subtle. It occurs when a policy or rule applies to everyone equally, but it ends up putting a specific group of people with a protected characteristic at a disadvantage. For instance, a rule that requires all employees to work on a certain religious holiday could be a form of indirect discrimination.
- Harassment: This involves unwelcome conduct related to a protected characteristic that creates a hostile or offensive work environment. Examples include offensive jokes, slurs, or intimidating behavior.
Why It Matters for Your Business
Beyond the significant legal risks and potential lawsuits, workplace discrimination creates a toxic environment that hurts your business. It erodes employee morale, lowers productivity, and makes it harder to attract and retain good talent. A workplace that is fair and inclusive, on the other hand, is generally more innovative, productive, and has lower employee turnover.