Discrimination at the Workplace is when an employer treats a job applicant or employee unfairly because of their national origin, religion, sex, color, and race. Discrimination takes various crucial forms, such as (harassment, firing, demotion practices, and unfair promotion). According to Lewis et al. (2020), discrimination has the following forms: structural, individual, and institutional. Individual discrimination is derived behaviorally and mainly occurs between people from one religion, race, or gender towards people from different religions, races, and genders respectively. On the other hand, structural discrimination is entirely rooted in the landscape of policy deliberately or even by implication, having an adverse effect on one group of people compared to another (for instance, racial discrimination or gender pay inequality in specific job grades (Lewis et al., 2020). Structural discrimination mainly occurs through action or policy where one or more group dominancy at the top of the organization entirely controls and shapes the structural norms, denying entry to people who do not meet their norms. For instance, gender-dominated positions at the levels of the board are indicative of structural norms. In contrast, stereotypes of men and whites are indicative of industry or organizational norms that favor one group over another.
Harassment is regarded as unwelcome conduct that is usually based on religion, color, genetic information, disability, older age (specifically beginning at 40 years), and sex (including gender identity, pregnancy, or sexual orientation). Harassment becomes unlawful when the conduct is pervasive or severe enough to establish a work environment that a sensible individual would consider abusive, hostile, or intimidating. Harassment includes intimidation, physical threats and assaults, offensive pictures, objects or jokes, and also name-calling. In the United States, the federal government has enforced various federal laws and remedies in order to protect employees from any form of discrimination.
Federal laws aim to protect employees from unwelcome and unfair treatment at their workplaces. EEOC, or The Equal Employment Opportunity Commission, enforces harassment and discrimination laws. The laws that the EEOC enforces protect employees from employment discrimination and harassment when it involves harassment by people in the workplace, such as co-workers and managers. Unfair treatment because of your personal identity, color, or sex. Reasonable workplace change denial that one may need because of their disability or religious beliefs (U.S. EEOC, 2022). Disclosure or improper questions about medical or genetic information and retaliation because one has complained about job discrimination or even assisted with discrimination of job proceedings such as lawsuits or investigations.
Federal laws are currently enforced to protect all employees against harassment and discrimination;
These several laws illustrate how the EEOC significantly enforces discrimination, especially in the Workplace. Hentze and Tyus (2021) state that court amendments and law interpretation to these laws are remarkably evolving to effectively address the issue of discrimination.
In addition, there are several remedies for discrimination and harassment, which include Punitive damages and compensatory damages, which may be rewarded in court cases entailing intentional discrimination, particularly based on an individual’s race, color, sex, and national origin. Punitive damages are mainly awarded to punish the employer or person who has committed reckless or especially malicious discrimination. Meanwhile, compensatory damages compensate victims for emotional harm (including loss of life enjoyment, inconvenience, and mental anguish) and pay them for out-of-pocket expenses significantly caused by the discrimination (like costs associated with medical expenses or job search).
In conclusion, discrimination in the workplace is ultimately based on structural, institutional as well as individual foundations. Workplace discrimination continues to be a persistent problem that inhibits fairness and equality within an organization. Addressing as well as understanding different discrimination forms at work is essential for fostering a supportive and inclusive work environment for all employees. This helps a business avoid breaking discrimination laws and prevents complaints related to discrimination. The federal government has played a key role in preventing discrimination and harassment by enforcing federal laws that safeguard all employees in the United States.
U.S. EEOC. (2022). What is employment discrimination? | U.S. equal employment opportunity commission. Www.eeoc.gov. https://www.eeoc.gov/youth/what-employment-discrimination
Lewis, D., Glambek, M., & Hoel, H. (2020). The role of discrimination in workplace bullying. In Bullying and Harassment in the Workplace (pp. 363-383). CRC Press. https://ebrary.net/131643/psychology/role_discrimination_workplace_bullying
Hentze, I., & Tyus, R. (2021, August 12). Discrimination and Harassment in the Workplace. Www.ncsl.org. https://www.ncsl.org/labor-and-employment/discrimination-and-harassment-in-the-workplace