Understanding Workplace Discrimination

Everyone agrees that workplace discrimination has no place in the modern business world. But not everyone understands the laws that protect employees against discrimination.

In this case, what you don't know can hurt you — especially if an aggrieved employee files a discrimination claim

against your company. When employers violate workplace discrimination laws — whether deliberately or by accident — they face stiff legal and financial penalties, along with bad publicity, low employee morale and other consequences.

 

What Is Workplace Discrimination?

Discrimination occurs when an employee suffers unfavorable or unfair treatment due to their race, religion, national origin, disabled or veteran status, or other legally protected characteristics. This group could also include employees who suffer reprisals for opposing workplace discrimination or for reporting violations to the authorities. Federal law prohibits discrimination in a number of work-related areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action.

This definition raises an important point: Unfair treatment does not necessarily equal unlawful discrimination. Treating a person differently from others violates Equal Employment Opportunity (EEO) laws only when the treatment is based on the presence of a protected characteristic, rather than on job performance or even on something as arbitrary as an employee's personality. Keep in mind, however, that discrimination claims can be highly subjective.

To avoid discrimination, you do not have to extend preferential treatment to any employee. The law requires only that you extend the same employment opportunities and enforce the same policies for each employee.

Legal Remedies
EEO law stipulates that an employee who experiences discrimination can seek remedies including:

• Back pay
• Restoration of their old job (if they were fired or reassigned)
• A court order to stop the discrimination
• Compensation for pain and suffering

Also, employers found guilty of workplace discrimination can face up to $300,000 in punitive damages.

In addition, if your company has not offered equal employment opportunities in the past, the law can require you to take special corrective measures. These may include "affirmative employment" initiatives that give members of persecuted groups special access to the same opportunities that other employees traditionally enjoyed.

Statute of Limitations

Federal law includes a statute of limitations for employment discrimination claims. In most cases, employees must file discrimination complaints within 180 days of the alleged incident; after that time, they probably cannot pursue legal action. Sexual discrimination claims are a special case: Employees must file sexual discrimination claims within 90 days after they receive a "right to sue" letter from the Equal Employment Opportunity Commission which certifies their right to file a sexual discrimination claim.