No one wants to work around a difficult co-worker or boss. But when the behavior in the workplace rises to a level of mistreatment based on race, age, sex, or some other protected characteristic, it can be overwhelming, and it is against the law.
Figuring out the difference between workplace discrimination and whether or not you are simply being treated poorly because someone doesn’t like you can be tricky.
This post will address the different signs associated with workplace discrimination.
What qualifies as workplace discrimination?
Workplace discrimination typically occurs when an employer engages in less than favorable treatment toward a job applicant or an employee because of their national origin, sexual orientation, disability, skin color, race, religion, or gender identity. Workplace discrimination can target either a single individual or target a group of individuals in the workplace.
Types of Workplace Discrimination
Common types of workplace discrimination include discrimination based on the following protected characteristics:
- Religious Affiliation
- Age
- Skin Color
- Race
- Gender
- National Origin
- Sexual Orientation
- Pregnancy or Parental Status
- Disability
Examples of Workplace Discrimination
Workplace discrimination based on one of the above-referenced characteristics may include any one of the following:
- Being denied employment.
- Being denied a promotion at your current job.
- Having to endure a toxic work environment due to inappropriate behavior.
- Getting fired.
- Being denied certain benefits or compensation.
- Being denied maternity leave, disability leave, or specific retirement options.
- Preferring one candidate over another based on these characteristics.
- Rejecting a candidate because of these characteristics.
- Firing an employee solely based on these characteristics.
- Inappropriate remarks directed toward an employee because of these characteristics.
- Having shifts taken away or denying desirable shifts based on these characteristics.
- Practicing favoritism in the promotions process or during company restructuring, rather than promoting individuals based on merit.
There are many other ways an employer can be discriminatory to employees based on these characteristics. If you believe that you have been the victim of discriminatory practices, you must contact an employment attorney to help you determine if you have grounds for filing a discrimination claim.
Is favoritism a form of discrimination?
No one would deny that favoritism isn’t a very good management practice. Favoritism can breed resentment, hurt morale, and negatively affect employee performance. But the question of whether or not favoritism is a legal form of discrimination isn’t so cut and dry. The answer will ultimately depend on why one employee is favored over another. Favoritism is only illegal if rooted in retaliation, harassment, or discrimination.
When Favoritism Rises to the Level of Illegal Discrimination
Favoritism rises to the level of illegal discrimination when an employer makes a job decision based on an employee’s protected characteristics, as outlined above. For example, an employer cannot legally pass over a candidate based solely on their raise, refuse to give someone a promotion based on their gender identity, keep disabled employees in lower-paid positions, or fire an employee based on their age.
When workplace favoritism occurs due to protected characteristics, it is considered illegal discrimination. Another example might be if a supervisor chooses to promote just men or only gives the most desirable assignments to employees that share their religious beliefs.
However, there are many examples of favoritism that do not rise to the level of discrimination. Take, for example, a supervisor who favors employees that are fans of their favorite sports team or style of music. That behavior may constitute lousy management, but it does not rise to the level of illegal discrimination.
When Favoritism Constitutes Sexual Harassment
According to the Equal Employment Opportunity Commission (EEOC), favoritism can constitute sexual harassment when it involves an employee’s submission to a manager or supervisor’s sexual advances. An employee, for example, may receive favorable treatment because they will “put up” with harassment from a supervisor. In this case, co-workers may have a valid claim for discrimination based on favoritism.
When Favoritism Constitutes Retaliation
When a manager makes job-related decisions as a way to punish an employee that has filed a workplace complaint, whether related to unsafe conditions, harassment, discrimination, or some other practice, it could be considered workplace retaliation, which is illegal.
If several employees, for example, file a complaint with OSHA about a lack of required safety equipment in the workplace and the manager saves the most desirable work assignments for the employees that chose not to join in the complaint, that would be considered illegal retaliation.
Also, when a manager cuts back an employee’s hours or takes away assignments because that employee complained of workplace harassment, that rises to the level of illegal retaliation.
What is indirect discrimination?
Sometimes, indirect discrimination is unintentional. Indirect discrimination happens when an employer’s policies somehow disadvantage a protected person in ways that most of the other employees are not. An employer may enact seemingly innocuous policies that can adversely impact certain protected classes of employees.
For example, an employer institutes a minimum height requirement for a job when height is irrelevant to the job function. This sort of requirement could disproportionately discriminate against women or particular minority ethnic groups.
Employers may purposely disadvantage a protected class through indirect discrimination in what’s known as disparate treatment. For this to occur, two employees with essentially the same qualifications are treated differently, and the individual that alleges disparate treatment is from a protected class of employees. Disparate treatment is typically cited in discrimination cases where an employee was passed over for a promotion.
Contact an Experienced Workplace Discrimination Attorney in Orange County
If you or someone you know believes that your employer is discriminating against you based on your age, gender, disability, or religion it is important to immediately take action. You do not have to tolerate being treated poorly and unfairly. The Orange County workplace discrimination attorneys at the Law Offices of Samer Habbas & Associates can help you fight for your rights and recover the maximum money damages that you deserve under the law. We specialize in handling a wide variety of employment law cases—especially workplace discrimination cases.
With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our employment lawyers represent victims of workplace discrimination across Southern California. For more information or to schedule a free consultation with an Orange County workplace discrimination lawyer, please call 949-727-9300.
