Fight Legally With Workplace Discrimination: Here’s What You Need To Know!

From facing discrimination relating to color, cast to a co-worker constantly bullying to not getting enough opportunities and to not involving another person in official things, discrimination at the workplace can put a huge impact on someone’s life. 

Most of the times, discrimination often exist in the places one can least imagine.  It may occur between employees, employers, colleagues, or between any third party official. 

But, it is illegal to face any kind of discrimination; it can make sufferer physically and mentally drained.

What Exactly is Workplace Discrimination?

Discrimination is all about making people inferior and less important because of their personal characteristics, color, and circumstances. It occurs when a person is treated unfavorably because of their gender, race,  color, sexuality, and disability.

This means if you are treated like this or you treat someone differently because they are different when compared to others, you are in an unlawful situation.

Furthermore, discrimination at the workplace is of two types viz. direct and indirect. Direct discrimination is when a co-worker is making unfair assumptions and treating you less favourably.

Let’s consider this, an employee is well-qualified for the job but is not getting the job, because the recruiter thinks they might want to have a family and can take leaves in the future.

Also, if you hire someone on less pay as compared to other employees for no valid reason, or hire someone for redundancy depending on their protected characteristics,  you are doing injustice to the person.

Discrimination also occurs when you don’t make any reasonable adjustments for a disabled person, or you simply reject an unfair request for flexible schedules of a new mother.

On the other hand, indirect discrimination occurs when someone is forcefully being caught in allegations, regulations, or rules. It also happens when the policy says to treat all workers the same, but it unfairly disadvantages someone because of personal characteristics.

Types of Workplace Discrimination

Sexual Harassment:

Any unwelcome verbal, non-verbal, or physical behavior on someone’s sex and nature, which severe or pervasive in nature is a type of sexual harassment.

Victimization:

This type of workplace discrimination is linked to threatening to some particular subject or something detrimental. Why? Because the person has used their rights to make a complaint, helped someone make a complain, refused to do something because the act would be against discrimination or victimization.

Discrimination During Recruitment:

This type of discrimination occurs during the recruitment process, like the language of the recruiter might discriminate from other individuals. Like a company hiring labor might discriminate against gender.

Are Discrimination and Harassment The Same?

Harassment is like discrimination; the only difference is that the harassment can be of many types. It may vary from an inappropriate behavior of the co-worker to treating someone wrong just because of their cast, race, or color. Some other things that come under discrimination are:

  • Not hiring potential customers
  • Discrimination in approving leaves
  • Denying compensations and other benefits
  • Not giving proper facilities
  • Discrimination in layoff’s and promotions

How to Fight Workplace Discrimination:

Collect Proof of Everything:

The moment you realize that you are becoming the victim of discrimination, start collecting proofs that justify your statement. Keep everything documented and keep a record of inappropriate emails, conversations, and other things.

Know all Legal Rights and Laws:

Once you have everything recorded, get those evidence and use them against people who misbehave with you.  Study all the workplace discrimination laws, educate yourself, work with a lawyer, and stay protected.

Once you are aware of all the laws related to discrimination, you can easily fight back and will be able to put your point.

If Severe, Complain About the Issue:

If the company is not supporting you and you are mentally harassed, take help from legal, and fight a complaint. Licensed professionals can help get compensations like loss benefits, punitive damages, back pay, and more.

Discrimination, irrespective of type, and the place is illegal. So, if you are a victim of it, get up and speak against it!

Leave a Reply

Your email address will not be published. Required fields are marked *