8.4 Workplace discrimination, harassment, and policy responses
5 min read•july 22, 2024
Workplace discrimination and harassment take many forms, including gender-based, race-based, and other protected characteristics. These issues can have severe psychological, social, and for individuals, as well as negative impacts on organizations.
Legal protections exist at federal, state, and local levels to combat discrimination. Effective involve clear communication, regular training, robust reporting mechanisms, , and . These measures aim to create safer, more inclusive work environments.
Forms and Consequences of Workplace Discrimination and Harassment
Forms of workplace discrimination
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and harassment
Unequal pay for equal work occurs when employees with similar qualifications and job responsibilities are paid differently based on their gender
Denial of promotions or career advancement opportunities happens when qualified employees are passed over for promotions due to their gender
includes unwelcome sexual advances, comments, or physical contact (unwanted touching) that creates a
involves a superior demanding sexual favors in exchange for job benefits or threatening negative consequences for refusal
and harassment
Racial slurs or derogatory comments targeting an employee's race or ethnicity create a hostile and offensive work environment
Unfair treatment or denial of opportunities based on race occurs when employees are treated differently or denied promotions, training, or resources due to their race
and bias involve making assumptions about an employee's abilities, character, or behavior based on racial stereotypes
Discrimination and harassment based on other protected characteristics
occurs when employees are treated unfairly or denied opportunities because of their age (typically over 40)
involves treating employees unfairly or failing to provide reasonable accommodations for their disabilities
occurs when employees are harassed, treated unfairly, or denied accommodations for their religious beliefs or practices
involves treating employees unfairly or creating a hostile environment based on their sexual orientation (gay, lesbian, bisexual) or gender identity (transgender, non-binary)
Consequences of workplace harassment
for individuals
Increased stress, anxiety, and depression resulting from the emotional toll of experiencing discrimination or harassment
Lowered self-esteem and confidence due to the negative impact on an individual's sense of self-worth and competence
Post-traumatic stress disorder (PTSD) can develop in severe cases of harassment or discrimination, leading to long-term mental health challenges
Social consequences for individuals
Isolation and ostracization from coworkers who may distance themselves from the targeted employee or participate in the harassment
Strained relationships with colleagues and supervisors, making it difficult for the employee to collaborate effectively or receive support
Difficulty maintaining work-life balance as the stress and emotional burden of the situation spills over into personal life
Economic consequences for individuals
Lost wages and benefits due to denied promotions or termination resulting from discrimination or retaliation for reporting harassment
Reduced earning potential over the course of a career due to missed opportunities for advancement and damaged professional reputation
Legal costs associated with pursuing discrimination claims, which can be financially burdensome and time-consuming
Consequences for organizations
Decreased employee morale and productivity as a result of a toxic work environment and the emotional toll on employees
Increased employee turnover and absenteeism as employees leave the organization or take time off to cope with the stress of the situation
Damage to the organization's reputation and brand, potentially leading to difficulty attracting top talent and negative public perception
Legal liabilities and financial costs associated with discrimination lawsuits, settlements, and legal fees
Legal Frameworks, Policies, and Effectiveness
Legal protections against discrimination
Federal laws prohibiting workplace discrimination and harassment
of 1964 prohibits discrimination based on race, color, religion, sex, and national origin in employment practices
protects employees and job applicants who are 40 years of age or older from age-based discrimination
prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations
mandates that men and women receive equal pay for substantially equal work in the same establishment
State and local laws
Additional protections and provisions varying by jurisdiction, such as broader definitions of protected characteristics or lower thresholds for employer size
Employer policies and procedures
Anti-discrimination and anti-harassment policies outlining the organization's stance against discrimination and the consequences for engaging in such behavior
detailing how employees can report incidents and how the organization will investigate and address complaints
for policy violations, ranging from warnings and mandatory training to suspension or termination of employment
Effectiveness of anti-discrimination policies
Importance of comprehensive and clearly communicated policies
Defining unacceptable behavior and consequences helps employees understand what constitutes discrimination and harassment and the ramifications for engaging in such conduct
Ensuring all employees understand their rights and responsibilities through regular communication and acknowledgment of policies
Raising awareness of discrimination and harassment issues through mandatory training for all employees, including managers and executives
Teaching employees how to identify and report incidents, empowering them to speak up when they witness or experience discrimination or harassment
Promoting a culture of respect and inclusion by emphasizing the importance of diversity, equity, and inclusion in the workplace
Multiple channels for reporting incidents (HR department, anonymous hotlines, online forms) to ensure employees feel comfortable coming forward
Ensuring confidentiality and protection against retaliation to encourage employees to report incidents without fear of negative consequences
Prompt and thorough investigations of complaints demonstrating the organization's commitment to addressing issues and holding perpetrators accountable
Consistent enforcement of policies and disciplinary measures
Holding perpetrators accountable for their actions through appropriate disciplinary measures, regardless of their position or status within the organization
Demonstrating the organization's commitment to a safe and inclusive workplace by consistently enforcing policies and taking swift action when violations occur
Ongoing evaluation and improvement of policies and practices
Regularly assessing the effectiveness of current measures through employee , focus groups, and analysis of complaint data
Incorporating employee feedback and industry best practices to identify areas for improvement and ensure policies remain relevant and effective
Adapting to changing legal and social landscapes by staying informed of new laws, regulations, and societal expectations regarding workplace discrimination and harassment