Discrimination & Harassment in the Workplace

Workplace discrimination and harassment are unlawful activities, and employees are protected by federal and state laws that prohibit unfair treatment.

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A number of federal, state and municipal laws prohibit workplace discrimination. In some instances, employers and employees are unaware of these rules. There are also instances where employers and employees are aware that discrimination is unlawful activity; however, workplace discrimination may be controlled and eventually eliminated when it is recognized and addressed by human resources leadership.

Discrimination occurs when one person or a group of people are subjected to unfair treatment based on factors, such as race, color, sex, national origin, religion, age, sexual orientation, disability, ethnicity or veteran status. Several federal laws address each type of discrimination. Title VII of the Civil Rights Act of 1964 is one of the most comprehensive laws that prohibit discrimination in the workplace. The U.S. Equal Employment Opportunity Commission enforces Title VII, as well as other laws that address discriminatory treatment. State human rights commissions that address statutes at the state level prohibit unfair employment practices.

Given the number of complaints, lawsuits and mediation pertaining to workplace discrimination, there are endless examples to illustrate how discrimination occurs on the job. Assume there are eight engineers employed by a company; there are six male engineers and two female engineers. All have identical qualifications and credentials. The six men are paid $50,000 per year and eligible for a 5 percent raise each year if their performance appraisal indicates satisfactory performance. The two women are paid $48,000 per year and are eligible for a 3 percent raise if their performance rating indicates superior performance. Granted, this is an egregious example of workplace discrimination but it helps paint a picture of discrimination and how it is perpetuated in business. In this case, the female engineers are clearly being treated differently, based on sex. This example violates several federal laws: Title VII of the Civil Rights Act, The Equal Pay Act of 1963 and The Lilly Ledbetter Fair Pay Act of 2009.

When the discriminatory behavior exceeds that of engaging in unfair employment practices, and escalates to behavior that is verbally and physically abusive, it is considered harassment. Many cases of employment discrimination also contain complaints of a “hostile work environment.” A hostile work environment is created when the victim of discrimination is treated in a manner that makes it difficult or impossible to perform her job duties.

Section 21.051 of the Texas Labor Code states, “An employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the employer: (1) fails or refuses to hire an individual, discharges an individual, or discriminates in any other manner against an individual in connection with compensation or the terms, conditions, or privileges of employment; or (2) limits, segregates, or classifies an employee or applicant for employment in a manner that would deprive or tend to deprive an individual of any employment opportunity or adversely affect in any other manner the status of an employee.” The Texas Workforce Commission Civil Rights Division enforces the state’s laws and investigates complaints filed by employees who believe they have been subjected to discrimination.

There never will be a cure for discrimination; however, employers can educate employees on the illegality of discriminatory treatment. An understanding of differences in race, culture, sex, national origin and other factors that are separate from job qualifications will help prevent some instances of discrimination. An employer’s responsibility is to provide a safe workplace, free from harassment and discrimination.

Ruth Mayhew began writing in 1985. Her work appears in "The Multi-Generational Workforce in the Health Care Industry" and "Human Resources Managers Appraisal Schemes." Mayhew earned senior professional human resources certification from the Human Resources Certification Institute and holds a Master of Arts in sociology from the University of Missouri-Kansas City.

Guidelines to Manage Workplace Diversity

The best managers are ones who promote diversity and accept all types of people.

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Diversity in the workplace is an increasingly relevant issue and refers to the differences between coworkers--whether ethnicity, sex, religion, age, background or position. According to an article from ZeroMillion.com, an online business resource, in the 1960s, more than 60 percent of American workers were white males. Now, with a variety of people in the workforce, the best managers are ones who can effectively manage and promote workplace diversity.

Even the best of managers cannot create diversity and cultural awareness out of thin air. During the interviewing process, look for people who can contribute to a diverse staff or people who are on board with your vision for workplace diversity. Add diversity to the list of requirements--or at least an awareness--for prospective employees. Hiring a diverse and culturally aware staff will increase the number of perspectives in the office, open lines of communication with more groups and, in turn, increase productivity, according to a 2004 diversity article at DiversityWorking.com.

An office retreat, whether a day trip to a park or a weekend in the mountains, can be a great time for your employees to get to know each other. Maybe you've recently added some diverse individuals to your team and you want them to have a seamless transition. A retreat allows your employees to get to know each other out of the office and see each other in a recreational setting. Set up board games, sporting events and team-building activities for the day or weekend. Be open about the fact that it's a diversity and team-building retreat. According to a University of Nebraska article by John Leonard Harris about how to plan a diversity retreat, an essential component is to appoint a facilitator to guide the weekend. This person must have a working knowledge of current and relevant issues, people skills and be well-respected in the workplace. The facilitator will lead discussions about a variety of diversity topics and inspire conversation between employees.

Despite how much diversity training you provide your staff, issues will arise. People will feel unfairly treated, people will treat others unfairly and diversity will not always be on employees' minds. But a way to combat the slip-ups that will occur from time to time is to keep an open door policy. Inform your employees that you are available to chat about diversity and workplace issues, productivity concerns and relevant issues. Allowing employees to express their concerns when they need to will result in happier, more productive individuals while giving you an idea of how to improve diversity in your workplace, according to a diversity article by Lenora Billings-Harris, a nationally renowned performance improvement consultant, on SideRoad.com.

Mitchell Holt has a bachelor's degree in print journalism from Abilene Christian University and has been freelancing since 2009 with work published in various newspapers and magazines like "BostonNOW" and "The Abilene Reporter-News." Holt also writes sales copy for small businesses. His clients include The Kyle David Group, ITNewton, 18 Vodka, RoboQuote and more.