Employee Rights Against Workplace Discrimination and Harassment

Every employee deserves a workplace that is fair, respectful, and free from discrimination and harassment. Both federal and state laws protect employees from unjust treatment based on their identity or personal characteristics, empowering them to seek justice if these rights are violated.

What is Workplace Discrimination?

Workplace discrimination occurs when an employer treats an employee unfairly due to their race, color, religion, sex, national origin, age, disability, or other protected characteristics. Discrimination can affect all aspects of employment, including hiring, promotions, pay, job assignments, and termination.

What is Workplace Harassment?

Workplace harassment involves unwelcome and offensive conduct based on a protected characteristic that creates a hostile or intimidating work environment. Harassment can include verbal, physical, or visual actions and doesn’t have to be sexual in nature to qualify as harassment. Harassment is unlawful when it becomes a condition of continued employment or is severe enough to create a hostile work environment.

Protected Employee Rights

1. A Discrimination-Free Workplace: Employers must treat employees equally, regardless of protected characteristics.
2. Freedom from Harassment: Harassment based on race, gender, age, disability, or other protected traits is unlawful, and employees have the right to report it without retaliation.
3. Equal Opportunity: Employees must be given fair access to promotions, training, and other job benefits without prejudice.
4. Reasonable Accommodations: For disabilities and religious practices, employers are generally required to provide reasonable accommodations to support employees in fulfilling their job duties.

Examples of Workplace Discrimination and/or Harassment

Workplace discrimination and harassment can take many forms, often impacting employees’ daily experiences, career progression, and mental health. Here are some common examples that highlight how these unlawful behaviors manifest in various workplaces:

Discrimination in Hiring and Promotions

• Refusal to Hire Based on Identity: An employer declines to hire a qualified candidate due to race, gender, religion, age, or another protected characteristic, despite their qualifications.
• Unequal Promotion Opportunities: Employees from certain backgrounds may be passed over for promotions in favor of others with similar or lesser qualifications due to biases related to gender, ethnicity, or age.
• Discriminatory Job Assignments: Assigning certain tasks, shifts, or locations to employees based on stereotypes, such as giving fewer client-facing roles to older employees or not assigning women to demanding tasks.

Pay and Benefits Discrimination

• Unequal Pay: Paying employees different salaries for the same role, based solely on gender, race, or other protected characteristics, rather than job performance or qualifications.
• Disparities in Benefits: Offering fewer benefits, bonuses, or advancement opportunities to employees of certain backgrounds, such as limiting health benefits for part-time employees in a way that disproportionately affects women or minority workers.

Retaliation and Punishment for Reporting

• Demotion or Termination After Reporting: An employee who files a discrimination complaint is unfairly demoted, dismissed, or assigned menial tasks as a result.
• Isolation and Exclusion: Retaliation can also involve excluding an employee from meetings, projects, or networking opportunities after they raise concerns about discrimination or harassment.

Harassment Based on Protected Characteristics

• Racial Slurs and Stereotyping: Making offensive or stereotypical comments about an employee’s race or ethnicity, such as derogatory jokes, slurs, or mocking accents.
• Sexual Harassment: This includes unwelcome advances, comments, or physical contact, as well as creating an environment where inappropriate comments, jokes, or materials are shared. Sexual harassment can also include quid pro quo, where job benefits are conditioned on the acceptance of sexual advances.
• Age-Related Comments: Mocking or making comments about an employee’s age, such as calling them “too old” to adapt to new technology or “too young” to understand the industry.

Creating a Hostile Work Environment

• Persistent Belittling or Humiliation: Repeatedly insulting or belittling an employee in front of others based on their gender, nationality, or disability status, creating a humiliating atmosphere.
• Exclusion and Isolation: Intentionally excluding an employee from team meetings, social events, or discussions due to their protected characteristics, which fosters an unwelcoming environment.
• Displays of Offensive Material: Placing offensive materials, like racially or sexually suggestive posters or emails, in shared spaces or online platforms where they are visible to employees.

Discriminatory Performance Evaluations and Discipline

• Unequal Performance Reviews: Giving lower ratings or exaggerated critiques to employees of certain backgrounds, even when their performance meets or exceeds expectations.
• Disciplinary Actions Based on Bias: Disciplining employees more harshly or frequently due to their race, religion, or other protected characteristics while allowing others to exhibit the same behavior without consequence.

Denial of Reasonable Accommodations

• Disability Accommodations: Refusing to provide reasonable modifications for employees with disabilities, such as denying requests for wheelchair access, modified work schedules, or special equipment.
• Religious Accommodations: Refusing to accommodate religious practices, such as flexible break times for prayer or adjustments to dress codes to allow religious attire, without demonstrating that doing so would cause undue hardship.

Stereotyping and Microaggressions

• Gender Stereotyping: Assuming that female employees are better suited to administrative or “nurturing” roles and thus denying them leadership opportunities.
• Racial Microaggressions: Subtle comments or behaviors that convey stereotypes, such as assuming certain employees are less knowledgeable or more suited to physical tasks based on race.
• Age-Based Microaggressions: Making comments that stereotype an employee based on age, such as calling older employees “out of touch” or younger employees “entitled.”

Discriminatory Layoffs and Reductions in Force

• Targeting Specific Groups in Layoffs: Disproportionately laying off employees of a certain race, gender, or age group while retaining others with similar or lesser qualifications.
• Failure to Rehire After Layoffs: Refusing to rehire or reassign employees from certain backgrounds when the company begins expanding again, based on biased criteria rather than job performance.

Limiting Career Development and Training

• Excluding Employees from Training: Restricting access to professional development opportunities for certain groups, such as not offering women or minority employees the same training as others, which limits their career advancement.
• Stereotyping in Career Guidance: Providing advice or mentorship that is influenced by stereotypes, such as discouraging older employees from pursuing advanced training due to assumptions about their adaptability.

How to Take Action Against Discrimination and/or Harassment

Employees experiencing discrimination or harassment can take several steps to address it.

• Document Incidents: Keep a record of any incidents, including dates, times, locations, and individuals involved.
• Report to HR or Management: Many companies have policies for reporting discrimination and harassment. Reporting it in writing can create a formal record.
• File a Complaint with the EEOC or State Agency: Employees can file a claim with the Equal Employment Opportunity Commission (EEOC) or a relevant state agency. They can investigate claims and may mediate or pursue further action.
• Consult an Employment Attorney: If the situation persists or worsens, consulting a workplace discrimination and harassment attorney can provide clarity on legal options and help employees protect their rights.

Legal Protections Against Retaliation

Employees are protected from retaliation when they report discrimination or harassment. This means that an employer cannot legally punish an employee—through demotion, termination, or other adverse actions—for speaking up about discrimination or harassment.

Protected Employee Activities

Under laws such as the Civil Rights Act, Americans with Disabilities Act (ADA), and Occupational Safety and Health Act (OSHA), employees are protected from retaliation when they:

• Report workplace discrimination or harassment to HR, a manager, or external authorities like the Equal Employment Opportunity Commission (EEOC).
• File a formal complaint with the EEOC or similar state agency regarding discriminatory or harassing practices.
• Participate in workplace investigations or testify in legal proceedings related to workplace discrimination or harassment.
• Request reasonable accommodations for disabilities or religious practices.
• Report workplace safety issues or violations to OSHA.

Examples of Retaliatory Acts

Retaliation can take many forms, and not all are obvious. Some common examples include:

• Termination or Demotion: The most severe form of retaliation involves firing or demoting an employee after they file a complaint or report an issue.
• Negative Performance Reviews: Unjustifiably low-performance reviews or negative feedback following a complaint can be a form of retaliation.
• Exclusion from Opportunities: Denying promotions, raises, or training opportunities to an employee who filed a complaint.
• Reduction in Hours or Pay: Cutting an employee’s hours or pay after they engage in a protected activity.
• Hostile Work Environment: Creating a hostile or intimidating atmosphere that pressures the employee to quit.

Elements Involved in Proving Retaliation

Specific elements are involved in proving retaliation in the workplace. For an employee to prove they have been retaliated against, they must be able to show:

1. That they were engaged in a protected activity. An employee must have been participating in a protected activity such as reporting discrimination or requesting accommodation.
2. Adverse action was taken by the employer as a result of employee’s participation in protected activity. The employee must be able to show that an employer acted against them shortly after the protected activity occurred.
3. Causal link between the two actions. An employee, or their attorney, must be able to show a causal link between the adverse action taken by the employer and how it was directly related to the employee’s participation in the protected activity.

Evidence, such as documentation of the complaint, witness statements, emails, or other records, is essential to demonstrate the connection between the complaint and the retaliation.

Creating a Fair Workplace

Workplace discrimination and harassment not only harm individuals but also create toxic environments that impact everyone. By understanding employee rights and knowing the steps to address unfair treatment, employees can help foster a workplace where everyone is valued and respected. If you’re experiencing discrimination or harassment, seeking legal guidance can empower you to take action and protect your rights.

Preventing Retaliation in the Workplace

Employers should establish clear anti-retaliation policies and train management to handle complaints professionally and lawfully. A strong internal reporting system, transparency in complaint handling, and written policies against retaliation help create a safe workplace where employees feel empowered to exercise their rights.

Legal protections against retaliation ensure that employees can report workplace issues without fear of retribution. If you suspect retaliation, consulting an experienced employment attorney can help clarify your rights, gather necessary evidence, and take appropriate action to protect you in the workplace.

Employee Rights FAQs

How is harassment different from discrimination?

Discrimination refers to unfair treatment based on a protected characteristic that affects employment decisions, such as hiring or promotions. Harassment, on the other hand, includes offensive or abusive behavior based on these characteristics, creating a hostile work environment.

Is it illegal for my employer to ask about my race, religion, or marital status?

Yes, in most cases, it is illegal for employers to ask about personal characteristics like race, religion, or marital status during hiring. These questions are often unrelated to job performance and can be discriminatory. Some exceptions may apply if the information is directly relevant to the job or required by law.

Are there protections for employees who speak up as witnesses in a discrimination case?

Yes, employees who act as witnesses or participate in discrimination investigations are protected from retaliation. Retaliatory actions by an employer against a witness in a discrimination case are illegal, and affected employees can file complaints with the EEOC or pursue legal action.

Can I refuse to participate in a discriminatory practice my employer promotes?

Yes, you have the right to refuse to participate in any discriminatory practice. If your employer insists or retaliates against you for refusing, you may have grounds to file a complaint with the EEOC or your state’s employment agency.

Can I be fired for reporting discrimination or harassment?

No, it’s illegal for an employer to retaliate against an employee for reporting discrimination or harassment. Retaliation includes termination, demotion, or other adverse actions. Employees who face retaliation have legal grounds to file a complaint or take legal action.

Are there time limits for filing a complaint about workplace discrimination?

Yes, the statute of limitations for workplace discrimination claims requires that complaints be filed within 180 days, or around 6 months, of the discriminatory act occurring.

Do harassment laws apply to remote work environments?

Yes, harassment laws apply to virtual workplaces. Harassing behavior during video meetings, emails, or chats is still illegal if it creates a hostile or offensive work environment. Remote employees have the same rights as on-site employees to report and address harassment.

Can I take legal action if I face harassment from a customer or client?

Yes, employers are responsible for protecting employees from harassment by non-employees, including customers or clients. If you report such harassment to your employer and they do not take action, you may have grounds for a legal claim against them.

Do anti-discrimination laws apply to small businesses?

Yes, but the scope may vary. Federal laws, like Title VII of the Civil Rights Act, apply to businesses with 15 or more employees. However, many states have anti-discrimination laws that apply to smaller businesses with fewer employees.

What are “reasonable accommodations,” and when are they required?

Reasonable accommodations are adjustments that enable employees with disabilities or certain religious practices to perform their job functions. Employers must provide these accommodations unless it causes undue hardship to the business. Examples include modified schedules, ergonomic equipment, or adjustments to dress codes.

Can coworkers be held accountable for discrimination or harassment?

Yes, if a coworker engages in discriminatory or harassing behavior, an employee can report it to their employer. Employers are responsible for taking action to address and prevent harassment, regardless of whether it’s committed by a supervisor or a coworker.

Can I sue my employer for workplace discrimination or harassment?

Yes, if internal complaints and filing a claim with the EEOC doesn’t resolve the issue, an employee may pursue legal action against their employer. Consulting an employment attorney is essential to determine the strength of your case and guide you through the legal process.

Can an independent contractor file a discrimination claim?

While independent contractors do not have the same legal protections as employees under federal anti-discrimination laws, they may still be protected under specific state laws or contract clauses. Some courts have allowed claims if the contractor’s working relationship closely resembles that of an employee.

***Disclaimer: This blog is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this blog, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.