Workplace discrimination can take many forms, and unfortunately, many workers are unaware that they are being subjected to illegal bias until it’s too late. If you suspect you’re facing discrimination in your workplace, it’s crucial to recognize the signs early and take steps to protect your rights. Discrimination occurs when an employer treats an employee unfairly because of their protected characteristics such as race, gender, age, religion, disability, or pregnancy status.
This comprehensive guide will help you understand the common signs of workplace discrimination and how to recognize subtle biases that could indicate illegal behavior. If you believe you've been discriminated against, it’s essential to consult an experienced employment discrimination lawyer to discuss your case and explore your legal options.
Explicit Discriminatory Language
One of the clearest signs of workplace discrimination is when an employer or a colleague uses discriminatory language explicitly. For instance, if your employer directly tells you that your gender, pregnancy, race, or other protected trait is the reason for a negative employment decision, this could be a violation of the law. Discriminatory comments like “You can’t handle the job because you’re pregnant” or “You’re too old for this position” should be documented immediately, as they are strong evidence of discrimination.
Example: If an employer tells you that you were not promoted because of your pregnancy, even though they had previously suggested you were up for a promotion, this could be a clear case of pregnancy discrimination. Under the New York State Human Rights Law, the New York City Human Rights Law, and Title VII of the Civil Rights Act of 1964, discrimination based on pregnancy is prohibited.
Bias Revealed Through Coded or Subtle Language
While explicit language is a clear red flag, subtle or coded language can also reveal illegal bias. These remarks may not directly state that someone is being discriminated against, but they suggest bias or prejudice against certain groups. These comments can often go unnoticed, especially if you are not familiar with discriminatory language.
Example: If you are pregnant and your supervisor expresses concerns about your ability to work after becoming a mother, or if they suggest that a woman can’t balance work and family responsibilities, this could be evidence of discrimination based on gender, pregnancy, and familial status.
Other subtle remarks might include assumptions based on race, ethnicity, or nationality. For example, if your employer assumes that Asian Americans or Black employees are less capable of leadership roles, these comments may indicate racial or ethnic discrimination.
Disparate Pay for the Same Work
Discriminating against employees based on their protected traits in relation to compensation is both unfair and illegal. The Equal Pay Act mandates that men and women performing the same job with the same responsibilities should receive equal pay. If you notice that employees of a certain race, gender, or other protected traits are paid less than their peers for the same work, this is a red flag.
Example: If Black workers in your workplace are being paid less than their white colleagues for doing the same job with the same qualifications and experience, this could indicate racial discrimination.
Unfair Promotions or Hiring Practices
Another common sign of discrimination is the unfair denial of promotions or hiring opportunities to individuals based on their protected characteristics. If you are continually overlooked for promotions or denied job opportunities despite your qualifications and performance, it could be a sign of discrimination.
Example: If a qualified candidate is passed over for a promotion in favor of someone with less experience or qualifications, and the only difference between the two candidates is a protected trait (like gender, race, or age), this could be a violation of employment laws.
Assumptions About Your Abilities Based on Protected Traits
Employers who discriminate may make assumptions about your abilities or career trajectory based on your protected traits. For example, if your employer assumes you will retire or step down from your job based solely on your age, or assumes that pregnant women will be unable to perform their job duties, these are signs of discrimination.
Example: If your employer assumes you will retire automatically at the age of 65, or assumes that you will not be able to fulfill your responsibilities during pregnancy without discussing your specific situation, this could be a sign of age or pregnancy discrimination.
Disparate Application of Workplace Policies
In some cases, employers may apply company policies unfairly, targeting certain employees while allowing others to bypass the rules. This kind of inconsistency in the application of workplace policies is a sign of potential discrimination.
Example: If your employer strictly enforces rest break policies only against female employees, but allows male employees to take breaks as they see fit, this could be a case of sex or gender discrimination. Similarly, if your employer provides reasonable religious accommodations for certain employees but not for others, this may suggest religious discrimination.
Exclusion or Isolation in the Workplace
Discrimination can also manifest in more subtle ways, such as being excluded from important meetings, social gatherings, or opportunities for advancement. If you notice that you’re being consistently excluded, especially when others with different protected traits are included, this might indicate discriminatory behavior.
Pretextual Reasons for Not Hiring or Promoting
When an employer provides a “pretextual” or seemingly false reason for not hiring or promoting an employee, this could be an indication of discrimination. Pretextual reasons often mask the true, discriminatory reason for the decision.
Example: If an employer claims that a job applicant was not hired because they were “not the right fit” for the company, but you know that the employer has a history of hiring candidates of a particular race or gender for similar roles, this could suggest discrimination.
Retaliation for Reporting Discrimination
If you report suspected discrimination to your employer, and you face retaliation such as demotion, dismissal, or other adverse actions, this is illegal. Employees who experience retaliation for reporting discrimination are often victims of further unlawful practices.
Example: If you file a formal complaint regarding discrimination and, shortly thereafter, you experience unfair treatment like being assigned worse tasks or being passed over for promotion, this could be a case of retaliation.
How to Respond to Workplace Discrimination
If you believe you are experiencing discrimination at work, it’s important to act quickly. Document everything, including conversations, incidents, and patterns that may suggest discrimination. Collect any evidence you can, such as emails, text messages, or notes from meetings. It’s also crucial to report the discrimination to your human resources department or another appropriate authority within the company.
Consult an Experienced Employment Lawyer
Fighting workplace discrimination can be overwhelming, but you don’t have to do it alone. If you believe you’ve been discriminated against, consulting an experienced employment lawyer can help you understand your legal rights and options. A seasoned attorney can guide you through the process of filing a complaint with the Equal Employment Opportunity Commission (EEOC) or taking legal action against your employer.
At Phillips & Associates, PLLC, our skilled employment discrimination lawyers provide free consultations for workers in New York City who believe they might have a claim. If you’ve faced discrimination based on your gender, race, age, disability, religion, or any other protected trait, we are here to help. Contact us today at (866) 229-9441 or complete our online form to speak with a compassionate and tenacious attorney.