Despite massive improvements over the past several decades, the US still has a long way to go before everyone is truly treated equally. In fact, a recent survey suggests you’re about ten times more likely to experience some kind of workplace discrimination than you are to avoid it.
The Workplace Discrimination Poll, run by the long-established job search site Monster, found that 91% of workers have experienced discrimination for a protected characteristic in their careers. Just 9% of respondents said they hadn’t noticed any form of discrimination during hiring or employment.
Monster’s survey covered a broad range of topics, including gender, age, race, religion, disability, and more. Its results were eye-opening for many people. In particular, it highlighted that most people have at least one identifying characteristic that can expose them to discrimination. Even if you don’t normally view yourself as someone at risk of discriminatory actions, you could still be harmed by your employer’s biases.
Furthermore, this shows that you’re not alone in your experiences. If you’ve faced discrimination from your employer, your coworkers or other job applicants likely have as well. By fighting back against discrimination, you’ll potentially help more people than you realize. Let’s explore how to tell whether discriminatory employment practices are harming you and how you can take a stand.
Understanding Workplace Discrimination
Most states have at-will employment laws that allow employers and employees to end the work relationship for almost any reason, or even for no reason. They can also alter the terms of employment, promote or demote people, or change schedules and responsibilities at will.
There are a few exceptions, though, with the most important being discrimination against protected classes. Workplace discrimination is defined as taking adverse employment action against workers due to a protected characteristic or activity. These characteristics are named in the Civil Rights Act, the Americans with Disabilities Act, and related laws, and they include:
- Race and color
- Gender
- Religion
- National origin and ancestry
- Age
- Disability
Additional protected activities include:
- Making whistleblower reports about current or potential illegal activities
- Discussing your wages
- Participating in religious activities
- Requesting or taking FMLA leave
- Requesting reasonable accommodations for pregnancy or disability
If your employer chooses to harass you or negatively alter your working conditions because you meet any of these criteria, you may be experiencing discrimination.
Recognizing Signs of Workplace Discrimination
If you’re not familiar with your rights, you may not immediately recognize discrimination when it occurs. There are many kinds of discriminatory behavior, which rarely look like blatant favoritism or harassment. Some of the most commonly missed signs include:
- Your company lacks diversity, especially at higher levels.
- You get paid less than coworkers for doing the same work
- You’re passed over for promotions despite skill and seniority.
- You’re held to higher standards than your colleagues.
- Certain types of people seem more likely to be given hard or unpleasant tasks.
- You’re “teased” or made the subject of jokes because of your race or other characteristics.
If these issues sound familiar, you should look closer at your workplace’s behavior. You may notice trends that suggest more serious discrimination is occurring.
Empowering Yourself to Fight Back
If you’ve been discriminated against at work, you may feel powerless. After all, your employer has already demonstrated that it doesn’t consider you as valuable or worthy of fair treatment as your colleagues. The task of demanding real change may seem daunting or even impossible. However, you can’t let that feeling guide your actions, or conditions will never improve.
Instead, you can take steps to empower yourself to fight back. There are three techniques that can make even the hardest fight seem more manageable: education, awareness, and support.
First, educate yourself on your rights as an employee. The federal Equal Employment Opportunity Commission (EEOC) provides many accessible worker rights resources. States like California also offer in-depth materials focusing on state laws, which are even more beneficial to workers.
Next, spread awareness of these rights among your colleagues. You can do this through casual discussions, formal meetings, or even by hanging the free posters offered by federal and state agencies.
When your coworkers also know their rights, they become an invaluable source of support. They can provide valuable testimony if you choose to take legal action. You may even be able to work together to file a class-action lawsuit against your company.
Strategies for Combating Workplace Discrimination
Once you’re ready to take action, various methods are available for ending discriminatory practices. Depending on your circumstances, you may consider:
- Discussing your issues with the discriminating party: Sometimes, simply pointing out someone’s unfair behavior is enough to halt discrimination.
- Documenting incidents and maintaining records: If an open conversation isn’t enough to stop the situation, start documenting instances of discrimination and keep detailed records. Letting someone know you’re tracking their behavior can incentivize them to stop.
- Notifying Human Resources: If your employer has an HR department, it is responsible for halting discriminatory behavior. A report could fix things or establish that you tried to resolve the problem internally.
- Submitting reports with the EEOC or local enforcement agencies: Ongoing situations may need to be reported to the agency that enforces employee rights for your state. An experienced attorney can help you determine if and where to file this report.
- Filing a discrimination lawsuit: If nothing else works, you can file a lawsuit with your attorney’s help.
Take a Stand Against Discrimination at Work
When 91% of adults report facing discrimination, almost everyone has the opportunity to stand up against unfair workplace practices. You don’t have to accept this treatment. Instead, you can talk to an excellent employment attorney about your situation and learn whether you’re eligible to take legal action. Schedule your consultation with the experts at the Law Offices of Todd M. Friedman P.C. to discover how we can help you fight back.
