5 Types of Discrimination Everyone Should Know About (And Proper Ways to Handle Them)

The American Psychological Association (APA) defines discrimination as the unfair or prejudicial treatment of individuals and groups based on traits like race, gender, age, or sexual orientation. Being aware that you are facing discrimination is the first step towards addressing it, followed by taking appropriate legal action.

Religious Discrimination

Religious discrimination occurs when individuals are treated differently because of their religious beliefs and practices, or their lack of such beliefs. This form of discrimination can also arise from requests for accommodations of religious practices, which are not confined solely to requirements of a religious group but also encompass moral or ethical beliefs about right and wrong that are held with the conviction typically associated with traditional religious views. 

• Important Note: Beliefs considered “religious” may not necessarily be tied to a recognized religious group and can include personal convictions that others in the workplace might not share or recognize.

Equal Opportunity in Employment

In terms of workplace fairness, it is illegal to discriminate based on religion in any aspect of employment. This includes hiring, firing, compensation, job assignments, and classification of employees. 

Harassment Based on Religion

Beyond these direct actions, harassment based on religion is also prohibited. 

This might manifest through negative treatment related to an individual’s affiliation with a particular religious group, characteristics associated with a religion (such as specific types of dress like yarmulkes or hijabs), perceived membership in a particular religious group (even if the perception is incorrect), or an individual’s association with a person or organization of a specific religion.

Title VII for Religious Protection

Title VII of the Civil Rights Act of 1964 is a critical piece of legislation in combating religious discrimination. 

It forbids retaliation against anyone who opposes unlawful religious discrimination or participates in the complaint process, including filing a claim or testifying in an investigation.

Religious Accommodations in the Workplace

To effectively handle religious discrimination, employers must provide reasonable accommodations for religious practices unless doing so would result in an undue burden on the operation of the business. 

This requirement covers traditional religions, non-traditional belief systems, and even those who identify as atheists.

How to Report Religious Discrimination

For those experiencing religious discrimination, there are formal steps to seek redress. You can file a charge with the Equal Employment Opportunity Commission. If you’re in the private sector, this must be done within 180 days of the discriminatory incident. 

Federal government employees must contact an EEO counselor within 45 days to initiate the complaint process. These mechanisms ensure that individuals have a recourse to address and rectify instances of religious discrimination in their workplace.

Sexual Orientation and Gender Identity (SOGI) Discrimination 

In a landmark decision in 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County, Georgia that discrimination against individuals based on their sexual orientation or transgender status constitutes a form of sex discrimination under Title VII. 

The Broader Impact of Sex-Based Rulings

This ruling clarified that such discrimination is inherently tied to an individual’s sex, as discrimination on the basis of homosexuality or transgender status cannot occur without it being fundamentally connected to the employee’s sex.

Comprehensive Protections in Employment

The implications of this decision are far-reaching, covering all aspects of employment. This includes, but is not limited to, hiring, firing, pay, promotions, job assignments, and training. 

Employers are thus prohibited from engaging in any discriminatory practices based on an individual’s sexual orientation or gender identity. 

Creating a Respectful Work Environment

This protection extends to preventing harassment that creates a hostile work environment, such as offensive remarks about a person’s sexual orientation or transgender status. 

Repeated Misuse of Pronouns

Notably, while accidental misuse of a transgender person’s preferred pronouns does not constitute a violation, intentional and repeated misuse does, contributing to a hostile work environment.

What Makes a Work Environment Hostile?

Harassment becomes unlawful when it is either so severe or pervasive that it creates a hostile work environment or when it results in a significant negative employment decision like the victim being fired or demoted. 

The source of harassment can be from various quarters, including supervisors, coworkers, or even clients.

Rights to Gender-Aligned Facilities

When it comes to facility use, while employers may have gender-specific bathrooms, locker rooms, and showers, they cannot deny an employee the use of facilities that correspond to their gender identity.

Your Rights to Oppose Workplace Injustice

In terms of retaliation, it is illegal for an employer to retaliate against an employee for engaging in protected activities, such as opposing discriminatory practices, filing charges of discrimination, or participating in any proceedings related to the enforcement of Title VII.

How to File a Discrimination Complaint

For those who believe they have been discriminated against, there are specific steps to take to file a complaint. 

Private sector and state or local government employees can contact the Equal Employment Opportunity Commission (EEOC), while federal employees should reach out to an EEO counselor at their agency. These measures ensure that individuals can seek justice and uphold their rights under the law.

Disability Discrimination

Disability discrimination involves treating a qualified individual unfavorably because of a disability. This type of discrimination can occur in various aspects of employment, including hiring, firing, pay, promotions, job assignments, and training, among others. 

Ensuring Fair Treatment Under Disability Laws

Governed by Title I of the Americans with Disabilities Act (ADA) for private and government employees and the Rehabilitation Act for federal employees, these laws aim to protect individuals from unfair treatment in the workplace.

The Equality Act 2010

Under the Equality Act 2010, it is prohibited to discriminate against someone because they have a disability, are perceived to have one, or have an association with someone with a disability. 

Interestingly, this act specifies that it is not unlawful to treat a disabled person more favorably than a non-disabled person.

Various Forms of Disability Bias

The law identifies several forms of disability discrimination: treating someone worse directly because of their disability, a company policy that adversely affects people with disabilities, not taking necessary steps to accommodate individuals with disabilities, treating someone unfavorably due to something linked with their disability, and treating someone badly because they made or supported a complaint about disability discrimination.

How to File a Disability Discrimination Complaint

If you face disability discrimination, you can file a complaint with the Civil Rights Division of the Department of Justice. Depending on the nature of your complaint, it may be directed to the ADA Mediation Program or a specific federal agency for further action. 

This could involve additional information requests or even an investigation into the complaint by the Department of Justice.

Age Discrimination

Age discrimination, also known as ageism, is the practice of treating individuals unfairly solely due to their age. This form of discrimination is a significant issue that affects people at all stages of their life and career, regardless of age (though it’s more common among older individuals).

A Growing Concern

It has been a legal concern in the UK since 2006 and is now addressed under the Equality Act 2010. The rising number of older individuals remaining in the workforce brings this issue into sharper focus.

Workplace Ageism

Ageism can manifest in various forms—such as older employees being overlooked for promotions due to assumptions about their adaptability and eagerness to learn new technologies, or younger workers not being taken seriously because of their perceived lack of experience. 

Instances of Age Discrimination

Common instances include older workers being passed over for hiring or promotions in favor of younger candidates, or not receiving equal opportunities for training and job assignments based on age assumptions.

Protecting Over 40s

The Age Discrimination in Employment Act (ADEA) provides a legal framework in some countries, protecting employees and job applicants over the age of 40 from discrimination in various aspects of employment, including hiring, promotions, termination, and training. 

However, it’s important to note that this protection does not extend to workers under 40. 

Bridging Generational Gaps at Work

One effective approach to bridging the age gap is engaging more actively with people of different age groups. 

This approach can include spending time with younger family members, colleagues, or community members—understanding and sharing each other’s perspectives can foster mutual respect and reduce ageist stereotypes.

Pregnancy Discrimination

Pregnancy discrimination is illegal under several federal laws enforced by the Equal Employment Opportunity Commission (EEOC), each designed to protect pregnant job applicants and employees from discrimination.

Title VII of the Civil Rights Act of 1964, bolstered by the Pregnancy Discrimination Act, forms the foundational legal framework prohibiting sex discrimination, which explicitly includes discrimination based on pregnancy. 

Legal Rights for Pregnant Workers

Under this law, discrimination can occur due to a current pregnancy, past pregnancy, potential pregnancy, medical conditions related to pregnancy or childbirth (including breastfeeding or lactation), decisions regarding abortion, and the use of contraception.

Reasonable Accommodations for Pregnancy

The Pregnant Workers Fairness Act (PWFA) mandates that employers provide reasonable accommodations for workers with known limitations related to pregnancy, childbirth, or related medical conditions unless such accommodations would impose an undue hardship on the operation of the business. 

This act aims to ensure that pregnant workers receive the support they need without facing unnecessary obstacles in their workplace.

Pregnancy-Related Disabilities

The third protective measure comes from the Americans with Disabilities Act (ADA), which extends its coverage to include disabilities stemming from pregnancy-related conditions. 

How ADA Treats Pregnancy Disabilities

While pregnancy itself isn’t classified as a disability under the ADA, conditions arising during pregnancy, such as diabetes that develops during pregnancy., may qualify as disabilities. Employers are required to provide reasonable accommodations for employees affected by these conditions. 

The ADA further stipulates that all medical information, including that related to pregnancy, must be kept confidential and stored separately from other personal files.

Filing Discrimination Complaints via EEOC

For those who encounter discrimination, the EEOC offers a pathway to file complaints and seek enforcement of their rights under these comprehensive regulations.