What you need to know about employment discrimination

Employment discrimination is the unfair treatment of an employee based on who they are or how they present themselves.

But what does employment discrimination look like in reality? And what can employees and employers do about it?

In this article, Remote shares what employment discrimination is, unpack the different types, and walk you through what to do when you observe discrimination in the workplace. We also discuss how to handle employment discrimination in the context of remote and distributed teams.

What is employment discrimination?

Employment discrimination is a phenomenon where one or more people are treated unfairly because they belong to a group with protected characteristics. Protected characteristics include, but are not limited to: race, religious beliefs, age, veteran status, national origin, pregnancy, and disability status. 

Employment discrimination can appear as follows:

• Considering a protected characteristic when hiring, promoting, or discharging an employee

• Denying an employee training, benefits, or other work opportunities because of a protected characteristic

• Using a protected characteristic to influence an employee’s pay rate

• Harassing or treating an employee adversely due to a protected characteristic

Employment discrimination vs harassment

Discrimination and harassment are sometimes used interchangeably, although their definitions differ. 

• Discrimination refers to being treated differently based on belonging to a protected class. This could look like a person being treated unfairly because they’re a woman, a minority race, over a certain age, or part of the LGBTQIA+ community.

• Harassment, on the other hand, refers to unwanted behavior. This can include sexual advances, physical assault, verbal insults, ridicule, threats, and inappropriate jokes. 

In 2023, the Equal Employment Opportunity Commission (EEOC) describes harassment as a form of discrimination in “Know Your Rights: Workplace Discrimination is Illegal.”

Note that harassment is only considered illegal if the environment becomes unwelcoming, hostile, or abusive.

What are some different types of employment discrimination?

The most common types, according to the EEOC, include the following:

• Racial discrimination: Employees should not be treated adversely on the basis of race or any race-related characteristics.

• National origin discrimination: Employees should not be treated adversely or paid less than their colleagues due to their country of origin. 

• Sex/gender discrimination: Employees should not receive more or less pay than their fellow employees due to their sex or gender identity. 

• Disability discrimination: Employees should not be refused employment because they have a disability, nor should they be paid less than their able-bodied colleagues. They also do not need to disclose their disability status when being considered for employment, and their employer must make reasonable accommodations to assist them when needed.

• Religious discrimination: Employees should not be treated differently because of their religious beliefs or practices, and their employer must make reasonable accommodations that allow them to participate in their religious practices. 

• Age discrimination: Employees should not be denied benefits, compensation, or incentives because they are above a certain age. Employers are also prohibited from including age preferences in job descriptions or promotion criteria.  

• Pregnancy discrimination: Employees should not be treated differently — including in the form of employment refusal, pay reduction, or promotion denial — because of pregnancy, an intention to become pregnant, childbirth, or related medical conditions.

• Retaliation discrimination: Employees should not be treated adversely because they spoke out against discrimination or filed a discrimination complaint.

What should you do when discrimination is occurring in your workplace?

Many people struggle with knowing what to do when discrimination happens. Below are the general steps to follow if you encounter discrimination in your workplace. We’ll cover this information for both employees and employers.   

As an employee

If you’re being treated unfairly by your employer or a colleague, remember that discrimination is illegal. So, you can — and should — speak up about it.

First, know your rights. As an employee, your employment rights include the following:

• The right to work free of discrimination 

• The right to work free of harassment 

• The right to complain about discrimination without punishment 

• The right to request reasonable workplace changes to accommodate a protected characteristic 

• The right to keep your medical information private

If any of these rights are violated, there are two places you can turn to: 

1. The EEOC: The EEOC is responsible for enforcing federal laws against job discrimination and harassment based on race, color, sex, religion, national origin, or discrimination based on discussing or disclosing pay. 

2. The Office of Federal Contract Compliance Programs (OFCCP): The OFCCP is responsible for enforcing federal laws against discrimination based on disabilities or protected veteran status. They’re also responsible for investigating complaints that involve groups of people, as this behavior indicates a systemic issue or culture of discrimination prevalent within an organization or group within an organization.

If you file a complaint with both agencies, the appropriate agency handles your case to prevent any overlap of effort. In rare cases, the two agencies may even combine their efforts to handle extreme or complex cases.

Next, report the incident. To follow the EEOC’s official complaint process, you must first submit an online query on the EEOC Public Portal. Then, schedule an interview with an EEOC staff member to discuss your experiences and learn how to file an official discrimination complaint.

Then, file an official complaint. You must file a complaint known as a charge of discrimination through the same online portal. You don’t need an attorney or need to pay any money to do this.  You must file your complaint within 180 days of the discrimination event or 300 days if the complaint is covered by a state or local anti-discrimination law.

Provide the below information when filing your complaint:

• Your name, address, and contact details

• The name, address, and contact details of the employer you’re filing a complaint against  

• Details and evidence of the discrimination event you’ve faced 

• The time, date, and location of the described discrimination event

The EEOC then offers mediation or investigates your claim. 

During mediation, a professional from the EEOC facilitates a conversation between you and your employer, helping you find a solution to the problem. During an investigation, an investigator from the EEOC examines any evidence you have and conducts interviews to fully investigate your claim. 

• If no violation is found, the investigator sends a notice known as a Dismissal and Notice of Rights to you and your employer, which officially closes the case. You then have 90 days to open your own lawsuit against your employer if you choose to do so.

• If a violation is found, the investigator sends a notice called a Letter of Determination to you and your employer that details the discrimination found during the investigation. The EEOC then works with you and your employer to find a solution, which you can agree to (and waive your right to go to court with your case) or not (and let the EEOC decide if your case will go to court). If the EEOC decides not to send your case to court, you can follow the steps above (as if no violation was found) and open your own lawsuit.

Although retaliation against a discrimination complaint is illegal, retaliation does happen. If an employer retaliates after you’ve made a complaint, you can report the individual or organization on the EEOC’s Public Portal.

As an HR worker

If you notice discrimination happening in your workplace or are approached by an employee who’s faced discrimination, assist the employee. According to the EEOC, individuals, organizations, and agencies may file a job discrimination complaint on behalf of another person in order to protect that person’s identity.

If you’re approached by an employee who’s faced discrimination but is afraid to file a complaint, filing a claim on their behalf offers them comfort and security. To maintain a healthy work environment, it’s important to never retaliate to these claims. The employee is in a vulnerable position and is trusting you to help bring them out of it. 

If an employee approaches you with a discrimination complaint, investigate their claim.

Follow the procedure outlined in your anti-discrimination policy. It should include interviewing all parties involved and taking detailed notes. Pay special attention to any contradictions or information that confirms the claim. Keep all information confidential to protect the employee from retaliation or harassment while the claim is being investigated.

If you decide the matter should be escalated to the EEOC, cooperate with the EEOC during the filing and investigation processes. Then, once the EEOC reaches its decision, take the appropriate action.

How do you handle employment discrimination in a remote workplace?

While remote work is not a protected class in the same way that race or age is, remote employees can still face discrimination. In fact, 10% of remote employees have experienced an increase in race-based discrimination since moving to a remote work environment. 

To help prevent discrimination against remote employees for any reason, organizations should create robust anti-discrimination policies that include the following: 

• Clear reporting lines for employees to follow should a problem arise

• Employee training on how to be inclusive and respectful when communicating

• Manager’s training in implicit bias

If you’re a remote employee dealing with employment discrimination, there are two routes you could take, depending on the situation:

When you live in the same country but in a different state than your employer 

Federal law governs all states, but many states have labor laws that expand on federal law requirements. State laws can cover additional things, like marital status, minimum wage, overtime calculations, sick leave, and occupational health and safety. 

As a remote employee, your rights are determined by your state of residence. You can file a complaint with the EEOC or with a State Fair Employment Practice Agency (FEPA).

When you live in a different country than your employer 

The laws for discrimination vary in different countries, but remote employees are covered by the laws of their country of residence. So, if you’re based in France, for instance, your employer must abide by the employment laws in France.

Common employment discrimination FAQs

Still worrying about the specifics of employment discrimination? Here are the answers to some of your most pressing questions:

What is the Age Discrimination in Employment Act?

The Age Discrimination in Employment Act of 1967 promotes the employment of people based on their abilities, not their age. It prohibits employers from doing the following: 

• Choosing to discharge or not to employ someone based on their age

• Limiting, segregating, or classifying employees in a way that affects their opportunities or experience based on their age 

• Adjusting someone’s wage based on their age

Where does someone initially file an employment discrimination complaint? 

To file an employment discrimination complaint, you must submit an online query on the EEOC Public Portal and schedule an interview with an EEOC staff member. Afterward, you must submit a charge of discrimination.

How does the EEOC handle employment discrimination charges?

If you’re experiencing discrimination, you must file a complaint known as a charge of discrimination with the EEOC. Your claim must be detailed, accurate, and thorough. 

The EEOC then offers mediation or investigates your claim. They work with you and your employer to find a solution that protects you from being discriminated against in the future. 

How do you prove employment discrimination?

There are three main types of evidence you can gather to prove employment discrimination

1. Direct evidence, such as video footage or emails

2. Circumstantial evidence, such as when a woman receives her first critical evaluation soon after announcing that she’s pregnant

3. Pattern and practice, where the employer has a history of taking discriminatory actions

Get world-class HR assistance with Remote

Build an inclusive workplace to avoid employment discrimination. With a proactive approach to inclusion, you can pave the way to an empathetic and fair future in your workplace. 

Remote HR Management helps prevent employment discrimination by storing anti-discrimination policies, employee training documents, and manager training documents in one centralized place. By making these documents easily accessible to everyone in your company, you can create and maintain a culture of acceptance and inclusion. 

To see how Remote HR Management can help you implement strong anti-discrimination policies and build an inclusive workplace, create your free account today.

Consolidate your global HR

Use Remote HR Management to bring all of your team, data, and processes together in one simple platform.

Create your free account