Understanding the Different Types of Workplace Discrimination

Workplace discrimination remains a persistent challenge across industries and organizations nationwide. Despite comprehensive federal protections, many employees continue to face unfair treatment based on their protected characteristics. At Glaser Labor Law, our Southern California employment law attorneys have witnessed firsthand the impact of discrimination on workers and their families.

Since 1998, our experienced legal team has fought tirelessly on behalf of employees whose rights have been violated. Glaser Labor Law brings significant skill in employment practices liability and a deep commitment to justice for those harmed by wrongful conduct.

Our comprehensive guide examines the various types of workplace discrimination prohibited under federal law, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and other crucial employment protections. Understanding these illegal workplace practices empowers employees to recognize violations and take appropriate action.

Race and Color Discrimination

Race and color discrimination involves treating employees unfavorably because of their race, skin color, or characteristics associated with race. This protection extends beyond the individual employee — discrimination based on the race of relatives, friends, or affiliation with race-based organizations is equally prohibited.

Race discrimination manifests in numerous workplace scenarios. Employers may pass over qualified candidates of certain races for promotions, create hostile work environments through racial slurs or offensive imagery, or implement policies that disproportionately impact specific racial groups. Color discrimination can occur even among individuals of the same race, targeting those with different skin tones. Common examples include:

  • Using racial epithets or displaying racially insensitive symbols
  • Implementing dress codes or grooming policies that target natural hairstyles
  • Segregating employees by race in work assignments or facilities
  • Making assumptions about abilities based on racial stereotypes

Employers must address racial harassment promptly and maintain workplaces free from discriminatory conduct based on race or color.

Sex Discrimination

Sex discrimination encompasses unfair treatment based on gender, pregnancy, sexual orientation, or gender identity. The Equal Employment Opportunity Commission has expanded interpretations to include discrimination against LGBTQ+ individuals under sex discrimination protections.

Sexual harassment represents a particularly harmful form of sex discrimination. This includes: 

  • Unwelcome sexual advances
  • Requests for sexual favors
  • Verbal or physical conduct of a sexual nature that affects employment conditions or creates a hostile work environment

Examples of sex discrimination include:

  • Refusing to hire women for traditionally male roles
  • Paying different wages based on gender for substantially similar work
  • Denying promotions due to assumptions about family responsibilities
  • Creating hostile environments through sexual comments or imagery
  • Discriminating against transgender employees regarding bathroom access or dress codes

Employers have legal obligations to prevent and address sex discrimination in all its forms.

Pregnancy Discrimination

Pregnancy discrimination occurs when employers treat pregnant employees unfavorably regarding hiring, firing, promotions, or job assignments. Employers must treat pregnancy-related conditions the same as other temporary disabilities.

National Origin Discrimination

National origin discrimination involves treating employees unfavorably because of their country of origin, ancestry, accent, or cultural characteristics. This protection applies regardless of citizenship status and extends to discrimination based on perceived national origin.

Language requirements must be job-related and consistent with business necessity. Employers cannot implement English-only policies unless they serve legitimate business purposes and are applied consistently. Common manifestations include:

  • Harassment based on accents or foreign languages
  • Excluding employees from opportunities due to cultural backgrounds
  • Implementing discriminatory language policies
  • Making offensive comments about immigration status
  • Refusing to hire qualified candidates because of names or appearance

Employers must ensure that workplace policies and practices do not unfairly disadvantage employees based on national origin characteristics.

Religious Discrimination

Religious discrimination occurs when employees face adverse treatment due to their religious beliefs, practices, or lack thereof. Employers have additional obligations to provide reasonable accommodations for religious practices unless doing so would create an undue hardship.

Religious accommodation requests commonly involve scheduling modifications for worship or religious holidays, dress code exceptions for religious attire, and workplace modifications for religious practices. Employers must engage in good-faith discussions about potential accommodations. Examples of religious discrimination include:

  • Refusing to accommodate religious dress requirements
  • Scheduling mandatory meetings during religious observances
  • Creating hostile environments through religious mockery or proselytizing
  • Failing to address religious harassment between employees
  • Making employment decisions based on religious stereotypes

Balancing religious accommodations with operational needs requires careful consideration and legal compliance.

Age Discrimination

The Age Discrimination in Employment Act of 1967 (ADEA) protects employees aged 40 and older from age-based employment discrimination. This protection applies to all aspects of employment, from hiring through termination.

Age discrimination often occurs subtly through coded language or seemingly neutral policies that disproportionately impact older workers. Employers may target older employees for layoffs, exclude them from training opportunities, or make comments about “fresh perspectives” or “digital natives.” Common examples include:

  • Using age-related terminology in job postings like “energetic” or “young”
  • Pressuring older employees to accept early retirement
  • Excluding older workers from technology training or advancement opportunities
  • Making derogatory comments about age during performance reviews
  • Implementing policies that disproportionately affect older employees

Employers must base employment decisions on legitimate factors rather than age-related assumptions or stereotypes.

Disability Discrimination

The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities and requires employers to provide reasonable accommodations. Disability discrimination can involve physical, mental, or emotional impairments that substantially limit major life activities.

Reasonable accommodations might include schedule modifications, equipment provisions, policy adjustments, or workspace modifications. Employers must engage in interactive processes to identify effective accommodations that don’t create undue hardship. Examples of disability discrimination include:

  • Refusing to hire qualified candidates due to their disability status
  • Failing to provide reasonable accommodations
  • Harassment based on disability characteristics
  • Excluding disabled employees from company activities or opportunities
  • Making employment decisions based on disability stereotypes or assumptions

The ADA’s protection extends to individuals with disabilities, those with histories of disabilities, and those perceived as having disabilities.

Genetic Information Discrimination

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits discrimination based on genetic information, including family medical history and genetic test results. Employers cannot request, require, or purchase genetic information about employees or their families.

Genetic information encompasses genetic tests, family medical histories, and requests for genetic services. This protection prevents employers from making employment decisions based on an individual’s genetic predisposition to certain conditions. Examples of genetic information discrimination include:

  • Requesting family medical history during hiring processes
  • Making employment decisions based on genetic test results
  • Harassing employees about genetic conditions or family health histories
  • Obtaining genetic information through inappropriate medical examinations
  • Using genetic information to determine insurance coverage or employment benefits

Employers must implement policies preventing inadvertent collection of genetic information and ensure compliance with GINA requirements.

Retaliation

Retaliation occurs when employers take adverse actions against employees for engaging in protected activities, such as filing discrimination complaints, participating in investigations, or opposing discriminatory practices. Federal law strictly prohibits retaliatory conduct.

Protected activities include filing charges with the EEOC, testifying in discrimination proceedings, and reasonably opposing workplace discrimination. Retaliation can occur even when underlying discrimination claims lack merit. Common retaliatory actions include:

  • Termination or demotion following discrimination complaints
  • Excluding employees from meetings or opportunities after they report harassment
  • Increasing scrutiny or changing job responsibilities punitively
  • Creating hostile work environments for employees who participate in investigations
  • Spreading negative information about employees who file complaints

Employers must maintain policies that prevent retaliation and train managers on appropriate responses to discrimination complaints.

Intersectionality of Discrimination

Many employees experience multiple forms of discrimination simultaneously based on various protected characteristics. Intersectional discrimination recognizes that individuals may face unique challenges when multiple identities intersect.

For example, African American women may experience discrimination that differs from the bias faced by white women or African American men. Similarly, older disabled employees might encounter combined age and disability discrimination that creates distinct workplace challenges.

Courts increasingly recognize intersectional discrimination claims, understanding that protective characteristics don’t exist in isolation. Employers must consider how their policies and practices affect employees who have multiple protected characteristics.

Protecting Your Rights Against Workplace Discrimination

Workplace discrimination violates federal law and undermines fundamental principles of fairness and equality. Employees who experience any form of discrimination deserve strong legal advocacy and comprehensive representation.

At Glaser Labor Law, our experienced employment attorneys understand the complexities of discrimination law and fight vigorously for clients whose rights have been violated. Since 1998, we have earned a reputation for achieving outstanding results in challenging employment cases.

If you believe you have experienced workplace discrimination, retaliation, or other illegal workplace practices, contact Glaser Labor Law to schedule a consultation.

Glaser Labor Law
Glaser Labor Law

With deep roots in Southern California, Glaser Labor Law combines a focus on workplace rights with proven success in broader legal matters. Joel Glaser and his team bring decades of litigation experience to ensure every client receives strong, results-driven representation.