Discrimination in the Workplace – Frequently Asked Questions

Nobody should have to swallow unfair treatment just to keep food on the table. The law is on your side, and resources exist to help you fight back.

If you’re researching discrimination in the workplace, then clearly something at work feels off. Maybe your boss keeps “joking” about your accent. Maybe you’re getting passed over for promotions in ways that are more than a little conspicuous. Or maybe you’re just sitting at your desk wondering, “Wait… was that legal?”

If this sounds familiar, you’re in the right place. Learn what counts as discrimination in the workplace, how to prove it, which laws protect you, and the practical steps you can take to stand up for your rights.

Whether you’re dealing with subtle digs, outright harassment, or a flat-out hostile work environment, consider this your crash course in what’s prohibited, what’s illegal, and how to turn questions into action.

Learn the FAQs about discrimination in the workplace and check out our employment discrimination or workplace sexual harassment practice pages for a deeper dive.

What is Discrimination in the Workplace?

At its simplest, discrimination in the workplace is understood as a situation in which an employer treats an employee or job applicant unfairly because they belong to a particular group.

This is accurate, but let’s sharpen this definition a bit.

1. To start, when it comes to discrimination in the workplace, treating you differently because you belong to a particular group means singling you out due to qualities or characteristics that align with a particular group, but that have nothing to do with your work performance, experience, or skills.
   • For instance, treating you differently due to your race, gender, sexual orientation, age, religion, disability, military status, pregnancy status, national origin, or another prohibited category.
2. Second, discrimination in the workplace can be perpetrated by any number of different people, not just an employer.
   • This includes people in an immediate supervisory or decision-making role like a boss, manager, supervisor, or c-suite level executive board member. But it can also include a colleague, customer, client, third-party contractor, etc.
   • If someone who isn’t in a position of supervisory or decision-making authority is the source of the problem, you might need to show that your boss or supervisor was permissive or aware of the problem, or should have been aware of the problem.
   • But don’t think that just because your boss isn’t the one directly saying or doing discriminatory things to you that there is nothing you can do about it.
3. And finally, discrimination in the workplace isn’t always as obvious as a boss yelling, “We don’t hire people like you!” (Although if this ever happens, please know that your case is practically gift-wrapped for employment discrimination lawyers.)
   • More often, it’s sneaky. It shows up as things like being excluded from meetings you should be in. Being assigned grunt work while others with the same role are given projects that shine up their résumés. “Joking” about your appearance, your background, or even your medical condition. Or implementing policies that only impact people in a certain group.

In short, discrimination in the workplace is any unequal treatment that pokes holes in the idea that all employees should be evaluated based on skill, effort, and performance, not who they are as human beings.

What is Considered Discrimination in the Workplace?

The law protects employees against a buffet of discriminatory behaviors.

Here are some of the most common types of discrimination our team at Consumer Justice Law Firm works hard to challenge and fight every day:

• Race and color discrimination: No, your boss can’t legally decide your career fate based on race or skin tone. (Check the official race definition from the EEOC if you want a primer. It’s broader than people think.)
• Sex and gender discrimination: This includes unequal pay, promotions, or being treated differently because you’re a woman, a man, non-binary, or pregnant.
• Age discrimination: If you’re 40 or over, and suddenly being nudged toward “retirement” when you’re still crushing your job, that’s likely discrimination.
• Religious discrimination: Your employer can’t tell you that observing your faith is “inconvenient.”
• Disability discrimination: Denying reasonable accommodations isn’t just insensitive, it’s against the law.
• National origin discrimination: Whether it’s your accent, birthplace, or even last name, these are not reasons to treat you differently.

These types of discrimination can be overt or they can show up as “workplace policies” that look neutral but aren’t. Think dress code rules that disproportionately impact women, certain religions, or specific cultures. Or “neutral” hiring practices that cut out entire groups based on their demographic definition.

And let’s not forget the cousin of discrimination: harassment, which basically boils down to unwelcome behavior that’s severe or pervasive enough to make your workplace feel unsafe or degrading.

Harassment taken to the extreme can create a hostile work environment, where constant insults or offensive behavior are aimed at your protected characteristic.

If you’re asking yourself, “Wait, is it legal?” to deny promotions, equal pay, or benefits because of these factors – the answer is no. It is unlawful, and you have a whole host of legal rights that help you take a stand and fight back, and protect your job in the process.

Examples of Discrimination in the Workplace

Sometimes, definitions can feel abstract. It’s one thing to say “employment discrimination is prohibited,” but it’s another to actually see what it looks like in real life.

Discrimination in the workplace can take many forms, some obvious, others subtle. Here are common examples employees have faced:

1. Refusing to hire someone because of their race or accent
2. Denying promotions to women or firing them after they announce pregnancy
3. Creating a dress code that bans religious head coverings and other religious attire
4. Mocking an employee’s disability or refusing to provide reasonable accommodations
5. Paying one gender less for the same job and responsibilities
6. Assigning unfavorable shifts to older workers to “encourage retirement”
7. Passing over qualified employees of certain demographics in favor of less qualified candidates
8. Firing someone shortly after they file a discrimination complaint (retaliation)
9. Repeatedly making “jokes” about an employee’s background, religion, or age, or some other protected characteristic
10. Allowing harassment that creates a hostile work environment while ignoring complaints

These examples show that discrimination in the workplace is not always loud and in your face, it often hides in everyday policies, actions, and attitudes.

Recognizing these patterns is the first step toward taking action, protecting your rights, and seeking justice. 

How Do You Prove Discrimination in the Workplace?

So, you suspect you’ve got a case, but you aren’t sure. After all, proving discrimination in the workplace isn’t as simple as pointing to your gut feeling.

Employers rarely say out loud, “We didn’t hire you because of your religion.” Instead, you have to be able to point to behaviors, policies, or outcomes that demonstrate bias.

Here’s what helps build a solid case:

1. Documentation: Save and print those emails. Screenshot and print those texts. Keep copies of policies and communications. Write down dates, times, and details of incidents. Patterns become powerful evidence.
2. Comparisons: If a coworker outside your protected group is treated better while doing the same job, that’s relevant. Example: you and a peer both ask for time off. You’re denied because “the team needs you,” while they get an enthusiastic green light.
3. Policies: Keep evidence of policies, how they’re enforced, or how they aren’t enforced. Review your company’s official handbook. Sometimes, the written rules reveal discriminatory practices, like a dress code that disproportionately targets certain religious garments.
4. Witnesses: Colleagues who’ve seen or heard the behavior can bolster your claims.
5. Impact: Show how the treatment harmed your career (lost promotions, lower pay, hostile work environment).

And don’t underestimate the power of connecting with employment discrimination lawyers like those on our team at Consumer Justice Law Firm.

Employment discrimination lawyers know how to turn your evidence into a case that stands up in court!

What Law Prevents Discrimination in the Workplace?

The short answer: a whole alphabet soup of laws can play a role in building a strong and successful employment discrimination case. But let’s simplify it.

The cornerstone is Title VII of the Civil Rights Act of 1964. This landmark law makes it illegal to discriminate based on race, color, religion, sex, or national origin.

Other major players that help prevent discrimination in the workplace include:

• Age Discrimination in Employment Act (ADEA): Protects workers 40 and older.
• Americans with Disabilities Act (ADA): Requires reasonable accommodations and prohibits disability-based discrimination.
• Equal Pay Act: Demands equal pay for equal work.
• Genetic Information Nondiscrimination Act (GINA): No, your boss can’t hold your DNA against you.

And don’t forget the EEOC (Equal Employment Opportunity Commission). The EEOC enforces these laws, investigates complaints, and sometimes even sues employers on workers’ behalf.

Want the full breakdown of what’s prohibited? Check out this official EEOC resource.

Together, these laws make discrimination in the workplace not just immoral, but officially prohibited under employment law. 

How to Deal with Discrimination in the Workplace 

Now comes the tough part. What do you do when you’re facing discrimination in the workplace?

First, breathe. Then follow these steps:

• Know your rights: Awareness is power. Review what’s illegal and what protections exist. Don’t let your employer convince you “that’s just how it is.”
• Document everything: Remember, paper trails are gold.
• Report internally: Most companies have HR channels for reporting. Yes, it can feel daunting, especially if you fear retaliation, but it’s often a necessary step.
• Seek support: Coworkers, friends, even support groups – don’t isolate yourself. A hostile work environment thrives in silence.
• Consult a lawyer: Employment discrimination lawyers at Consumer Justice Law Firm focus on these cases. We can tell you if what you’re experiencing qualifies as discrimination, what your options are, and how to move forward.

Sometimes, confronting discrimination in the workplace directly feels impossible, especially when your paycheck, health insurance, or sanity are on the line. But remember: when someone mistreats you at work for who you are, it’s not just unfair – it’s illegal. And you have rights!

And don’t underestimate the importance of self-care while dealing with discrimination in the workplace. A toxic office can take a toll on your mental and physical health, sleep, and relationships.

Lean into outlets that recharge you, like exercise, journaling, therapy, or just venting to someone who “gets it.” Strength in your personal life often translates into courage in your professional one.

Also, know that you’re not expected to have all the answers. Employment law is complicated, and employers sometimes count on that confusion to keep employees quiet. 

This is why talking to employment discrimination lawyers can be such a game-changer. They understand how harassment, biased policies like a dress code, or unequal treatment tied to your demographic cross the line from frustrating to illegal.

Getting personalized legal guidance doesn’t just help you build a case, it helps you reclaim your peace of mind and helps prevent continued discrimination in the workplace. 

Recap FAQ: Key Points About Discrimination in the Workplace

We’ve covered a lot, so let’s do a quick rundown of the most important questions employees often ask about discrimination in the workplace.

1. What is discrimination in the workplace?
   It’s unfair or unequal treatment based on characteristics like race, gender, sexual orientation, age, religion, or disability.
2. What counts as discrimination?
   Anything from biased hiring and pay gaps to harassment, retaliation, or dress code policies that unfairly target specific groups.
3. How do you prove discrimination in the workplace?
   Documentation, comparisons with coworkers, witnesses, and company policies all matter. Employment discrimination lawyers can help piece it together.
4. What law prevents discrimination in the workplace?
   Title VII of the Civil Rights Act, the ADA, the ADEA, and other federal and state laws make discrimination illegal.
5. How should I respond if I’m experiencing it?
   If you believe you’re experiencing discrimination in the workplace – know your rights, document everything, report when possible, seek support, and consult legal help if needed.
6. Does harassment count as discrimination?
   Yes. Harassment that creates a hostile work environment is prohibited under employment law, even if it’s framed as “jokes” or casual comments.
7. What if my employer retaliates?
   Retaliation for reporting discrimination is itself illegal and can strengthen your claim if you pursue legal action.
8. Do small businesses have to follow these laws?
   Yes, although the number of employees needed for certain laws to apply can vary. Even in small workplaces, illegal discrimination is not excused.

Think of this section as your quick-reference guide. If you’re still asking “is it legal?” about what’s happening at work, chances are it’s worth a closer look. Don’t ignore the signs knowing these basics can empower you to take action.

GET JUSTICE! Fight for Fairness & Equity!

At the end of the day, discrimination in the workplace isn’t just a workplace issue, it’s a human dignity issue.

If you’re sitting there wondering whether what’s happening to you is illegal, whether it counts as harassment, or if it’s something you “just have to deal with” – the answer is no. You have strong legal rights, and you have options.

Consumer Justice Law Firm has seen it all – race, gender, disability, age, religion, sexual orientation, and other forms of employment discrimination. We’ve helped countless workers turn their pain into power and their frustration into action.

If you’re facing discrimination in the workplace, don’t let it slide. Don’t let fear of retaliation keep you quiet. Get informed. Get it documented. And most importantly – get justice!

FREE Consultations! We only get paid when we win. No Justice, No Fee.^TM