Heres How to Spot Discrimination in the Workplace Happens

zu siches How to Spot Discrimination in the Workplace Happens Workplace discrimination can be difficult to spot, but its not impossible when you know the signs.Employment discrimination laws prohibit discrimination against certain classes of individuals. The workers protected by ansicht laws are known as a protected class, and these protected classes are defined by specific statutes. If you believe your employer is engaged in unlawful discriminatory practices, you should be on the lookout for the following conduct, as it could be a sign of a much larger problem.What are some examples of discrimination and how do you spot them? Read on to find out.Laws concerning workplace discriminationIn addition to city and state anti-discrimination laws, tzu siche are federal protections available. Federal employment discrimination laws include Title VII of the Civil Rights Act of 1964 (Title VII) (which includes the Pregnancy Discrimination Act) the Americans with Disabilities Act (ADA) the Gene tic Information Nondiscrimination Act (GINA) the Age Discrimination in Employment Act (ADEA) the Equal Pay Act of 1963 (EPA) certain sections of the Rehabilitation Act of 1973Title VII, for example, prohibits discrimination based on sex, which includes discrimination based on gender and pregnancy, and prohibits sexual harassment. Notably, though sexual orientation is not currently written into the statute the EEOC treats sexual orientation as a protected class under Title VII. Title VII also provides protections based on an employees national origin, race/color and religion.This means that employers cannot make employment decisions based on these factors, including decisions related to hiring, firing, promotions, work assignments, discipline or any other terms and conditions of employment.It is important to remember that employment discrimination matters are highly fact-specific and federal anti-discrimination laws apply only to employers with 15 employees or more except for the AD EA, which requires a minimum of 20 employees. Many states offer protection to employees who work for an employer with fewer employees, though the remedies and elements required to prove a claim may vary.7 signs your employer is engaging in workplacediscriminationNow that you have a sense of the type of conduct that is prohibited by law, how do you know if your employer is engaging in discriminatory practices? What are some examples of discrimination in the workplace? There are several signs to spot.1. Questionable hiring practicesIn general, employers are prohibited from asking interview questions that target an applicants protected class. For example, an employer cannot ask female candidates about their marital status, whether they intend to become pregnant or any other questions related to their families or family planning.Other examples of prohibited questions can includeDo you have children?How many kids do you have?Are you pregnant or do you plan to become pregnant?Who watches your children while youre at work?While there are times a friendly conversation can turn to the topic of children, the prudent employer will generally not raise the topic during an interview.If somehow the topic of children and family planning does arise, the employer is not permitted to use that information in assessing the candidates fitness for the job.Another example of an unlawful hiring practice would be if an employer refused to hire an applicant because of a foreign accent or religious attire.English-only rules can also be a sign of unlawful discrimination. According to the EEOC, An employer can only require an employee to speak fluent English if fluency in English is necessary to perform the job effectively or is needed to ensure the safe or efficient verarbeitungsschritt of the employers business and is put in place for nondiscriminatory reasons.2. Language that reveals an unlawful biasAnother way to spot workplace discrimination is by listening for language that reveals a n employers unlawful bias. This includes comments that stereotype certain protected classes and attack their fitness as workers based on their protected attributes.The following are examples of an employers language revealing unlawful biasComments such as, Women dont work as hard after they become mothers.Comments that all members of a certain race are lazy or not hard-workingRemarks expressing distrust for members of a certain religious groupSpeech that maligns the disabled and their abilities to perform their jobsRemarks such as, Older workers are bad for business.Such language can reveal an employers unlawful bias and can be a clear sign of workplace discrimination if the employer is relying on those biases to make employment decisions.3. Unfair promotions or assignment of workIf less-qualified male employees are consistently promoted over objectively more-qualified female candidates, the employer could be engaging in an unlawful practice discriminating against women based on sex .Similarly, if male employees are consistently given better work assignments and are afforded more opportunities for growth and advancement than female workers, this too could be a sign of unlawful employment discrimination under Title VII.4. Unequal payThe Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. Title VII, the ADEA and the ADA also prohibit compensation discrimination on the fundament of race, color, religion, sex, national origin, age or disability, but do not have the substantially equal requirement.As such, situations in which men and women are not provided equal pay can be a sign of workplace discrimination. This applies to the other protected classes, as well. For example, if older workers are consistently paid less than their similarly-situated younger colleagues, or where African-American employees arent compensated as well as their Caucasian counterparts, this can constitute unlawful discrimination.Of course, while there are several factors to consider in assessing whether a pay disparity constitutes employment discrimination, it is a sign to watch for when you suspect workplace discrimination.5. Assumptions regarding an employees plans or abilitiesAssumptions regarding an employees plans or abilities can be another sign of workplace discrimination. Some examples of these assumptions include an employerAssuming a pregnant worker will not return to work after maternity leaveAssuming a pregnant worker will not be interested in taking on new projects during her pregnancy, or assuming she will be unable to perform her current job duties (These decisions are for the pregnant worker and her physiciannot her employer.)Assuming an older worker is automatically going to retire at a certain ageNot only can these assumptions be unlawful, but they can also reveal employers unlawful bias. As such, they are important to watch for if you believe your workplace is discriminatory.6. Disparate application of di scipline or policiesIf an employer routinely disciplines female workers for conduct it permits male employees to engage in, this could be a sign of sex-based discrimination.Similarly, if an employer enforces its attendance policy against employees of a certain protected class, and regularly permits employees outside the protected class to violate it, this too can be an example of workplace discrimination.7. RetaliationRetaliation for engaging in protected activity is prohibited by law. Protected activity is the activity an employee engages in when they exercise their rights under Title VII or one of the other workplace discrimination statutes.Protected activity can take several forms, including (but not limited to)Filing a discrimination charge or lawsuitServing as a witness in someone elses employment discrimination charge or lawsuitParticipating in an agency or employer investigation of discrimination or harassmentComplaining directly to an employer about unlawful harassmentReques ting a reasonable accommodation for a disabilityRequesting information on an employers anti-discrimination policiesResisting sexual harassmentWhile employers are permitted to discipline or terminate employees for non-discriminatory reasons, even when they have engaged in protected activity, employers are prohibited from targeting employees because of their protected activity.They alsocant engage in any conduct intended to dissuade an employee or employees from engaging in future protected activity.Where an employer doesengage in such conduct, this can be a clear sign of workplace discrimination.Some examples of unlawful retaliation for opposing discrimination includeTerminating an employeeSubjecting them to increased scrutinyFormally disciplining the employee or issuing a negative performance evaluationGiving the employee less desirable job duties or transferring them to a less desirable positionThreatening or harassing the employeeWhat are the types of discrimination the EEOC prohi bits?The EEOC prohibits discrimination against the following classificationsAgeDisabilityEqual Pay/CompensationGenetic InformationHarassmentNational OriginPregnancyRace/ColorReligionRetaliationSexSexual HarassmentHow do you prove discrimination in the workplace?Whether its racial discrimination, gender discrimination, sex discrimination, age discrimination, religious discrimination or any form of discrimination, unfair treatment is illegal. And, while spotting workplace discrimination can be difficult, knowing these signs can help. If you believe you are the victim of employment discrimination, you should document any examples you notice and contact an employment rights attorney who can help you navigate the world of employment discrimination law.--Candace is a practicing attorney, working parents advocate, freelance writer and proud mom. Her legal practice focuses on workers rights. She can be found writing about law, motherhood, and more on her blog asThe Mom at Law.