Workplace Discrimination: Who Benefits from Legal Protections?
Have you ever wondered about who is protected from workplace discrimination? Maybe it hasn’t been top of mind for you, especially if you are not a member of a group that is systematically discriminated against in the workplace in the U.S..
Whether you are a person who has experienced workplace discrimination or not, as a person living and working in the U.S., it’s important for you to understand the U.S.’s lengthy history of evading the hiring and recruiting of individuals based on race and other social identities.
Why?
Well, even if you think you are not someone who could be potentially discriminated against (i.e., a white male), you may be wrong. There are several legally protected categories of which you may be a member.
Despite advancements in protections, discrimination continues to exist in the American workforce, which could impact you or a loved one.
And, it’s our duty (and right) to be equipped with knowledge to protect ourselves and others in our communities.
A Brief History of Workplace Discrimination in the U.S.:
Historically, women and racial minorities have been excluded from many areas of the U.S. labor market (Hedman, 2016). Workplace diversity and inclusion initiatives aimed at combating discriminatory practices can be traced back to 1965, when equal opportunity employment (EOE) laws were enacted under President John F. Kennedy (and further executed by President Lyndon B. Johnson), This followed the dissolution of Jim Crow laws, a legal enforcement of racial segregation in the U.S. (Packard, 2002). EOE laws prohibit employers from discrimination in hiring on the basis of color, religion, gender, and nation of origin. This legislation came out of the Civil Rights Act (1964) protecting minorities and women from employment discrimination. The original legislation was intended to protect racial minorities (i.e., Blacks) impacted by Jim Crow. Ironically, protection for women was added to the proposed bill as an attempt to prevent its passage, however the bill was passed leading to the granting of workplace protections to both women and minorities (Risen, 2014).
In subsequent years, civil rights laws were expanded to include other social identities, conditions, and histories (e.g., Age Discrimination - 1967 protecting employees >40 years old, Veterans - 1974, forbidding discrimination on the basis of a worker’s military history; Pregnancy - 1978; Disabilities - 1990; and the Genetic Information - 2008, forbidding discrimination on the basis of family history and genetic information). Most recently, in 2020, the Supreme Court issued a landmark decision prohibiting discrimination against an individual on the basis of sexual orientation or transgender status.
However, despite advancements in protections, race- and gender-based discrimination continues to exist in the American workforce (Richard, Roh, & Pieper, 2013; Dipboye & Colella, 2005; Equal Employment Opportunity Commission, 2014b; Goldman, Gutek, Stein, & Lewis, 2006; Tomaskovic-Devey, Thomas, & Johnson, 2005).
Protected Identities Include:
- Race
- Gender Identity
- Sexual Orientation
- Age
- Military History
- Pregnancy
- Disabilities
- Religion / Beliefs
- Marriage & Civil Partnership
- Family History or Genetics
What should you do if you have been discriminated against at work?
Collect Evidence. You need to keep a diary or record of what's happened, including: a description of the event, how you felt, with dates and times. Include any evidence (e.g., emails, screenshots of social media posts, any witnesses’ testimonials). If you don’t have evidence, you can still make a complaint, but you will get much further if you have data in hand.
Raise the Issue Informally. You can do this with your manager, HR or someone senior from work. Informal resolution is usually quicker and less stressful. Again, you can use this as part of the evidence for your case, so keep notes, etc.
Seek Support: Talk to trusted colleagues, friends, or family members about your experiences. Consider joining or forming an employee resource group for additional support.
File a Formal Internal Complaint. From there, you can make a formal complaint to your employer as soon as possible. Many companies have a specific policy for making complaints, which you can get from Human Resources.
File a Formal External Report. If internal reporting does not resolve the issue, you may need to file a formal complaint with an external agency, such as the Equal Employment Opportunity Commission (EEOC) in the United States. In some countries, there is a timeframe (e.g., you have 3 months minus 1 day from the date the discrimination happened to file this in the UK). You can make a discrimination claim regardless of your employment status or how long you've worked for your employer.
Seek Legal Advice: Consider speaking with an attorney who specializes in employment law to understand your rights and options.
Take Care of Yourself: Experiencing discrimination can be very stressful. Ensure you take care of your mental and physical health by seeking professional support if needed.
Follow Up: After reporting the discrimination, follow up with HR or the relevant department to ensure that your complaint is being addressed.
Consider Alternative Options: If the situation does not improve, you may need to consider whether it is in your best interest to remain with the company or to look for employment elsewhere