Other Types of Workplace Discrimination in California

Types of Workplace Discrimination

Even though workplace discrimination is considered illegal, this does not hinder it from happening. In fact, workplace discrimination may happen more often than one realizes.

Individuals who have suffered workplace discrimination are not evaluated on their ability and qualifications, but instead on characteristics that are out of their control.

The following are some of the most common discrimination types:

Age Discrimination

Age-based discrimination is the unjust treatment of an applicant or employee due to their age. An example of this may be if your employer informs you that your job is being eliminated but instead hires a younger employee to work the same job – only with a different title.

The Age Discrimination in Employment Act (ADEA) was put into place to safeguard individuals over the age of 40 from any form of workplace discrimination due to their age. The law strictly prohibits any discrimination against individuals of a particular age concerning their employment terms, conditions, and privileges.

It is illegal to harass an individual due to their age. This harassment may include offensive, derogatory remarks regarding a person’s age, for example.

Disability Discrimination

Disability discrimination is the act of treating an individual differently in their place of work due to their disability status, perceived disability, or their association with a disabled person. Regardless of whether someone’s disability is apparent or hidden, any form of discriminatory behavior towards that individual – such as denying certain rights and privileges – could be considered illegal.

Some examples of disability discrimination may include:

• Discriminatory harassment of an employee due to their disability
• Questioning job applicants about pre existing or current medical conditions, as well as requiring them to undertake medical examinations.
• Any act of discrimination against an individual based on physical or mental disability in terms of recruitment, termination, employment status, job assignments, pay scales, and benefits packages. This rule also holds true for all aspects related to hiring practices as well as layoffs, leaves, and other factors associated with employment.
• Denying employees with physical or mental disabilities a reasonable accommodation necessary to perform their job duties.
• Constructing or sustaining an environment of work with hindrances that significantly inhibit the mobility of people living with physical limitations.

Sex or Gender Discrimination

In the workplace, gender discrimination manifests in a variety of ways and typically involves treating an employee or job applicant unfairly due to their sex, gender identity, or sexual orientation. Although “sex” and “gender” have differing meanings, laws against discrimination use these terms interchangeably.

The prevalence of sex discrimination is still widespread today. The U.S. Equal Employment Opportunity Commission (EEOC) reports that in the two years since the #MeToo movement, there have been an increased number of sexual harassment charges. Of the number of sexual harassment charges filed in 2018-2021, about 78.2% of these were filed by women.

Examples of gender or sex discrimination may include:

1. An employee being denied a pay raise, promotion, or training opportunity that is given to another person or people of another gender expression or sexual orientation who are less qualified or equally as qualified as you.
2. Being insulted or called derogatory slurs or names due to one’s gender identity or hearing unkind remarks about another employee of a certain gender identity or sexual orientation.
3. Experiencing unwanted sexual advances, requests for favors of a sexual nature, or other physical or verbal harassment that is sexual in nature.
4. Being written up or disciplined for an act that other employees of a differing gender have done frequently but have never been punished for.
5. Rejection from a job, forced leave or given fewer assignments due to pregnancy
6. Receiving a lower pay grade than a person of a different gender or sexual orientation who is less qualified or similarly qualified than you, or who is assigned fewer job duties than you.
7. Being held to a higher or different standard, being assessed more harshly due to gender identity, or failure to act or present yourself in conventional feminine or masculine ideology.
8. Being denied a job or receiving lower pay solely due to your gender identity or sexual orientation. An example of this would be an employer refusing to hire women or only hiring women for particular jobs.
9. Being repeatedly misgendered, such as an individual being referred to by their deadname or male transgender workers being referred to as “Miss”.

Religious Discrimination

Treating individuals differently due to their religious belief and/or their request for accommodations in relation to their religious practices is religious discrimination. Religious discrimination also includes the unfair treatment of individuals who have a lack of religious beliefs or practices.

Employers have a responsibility to guarantee that their workplace is free from any form of discrimination or harassment based on religion. Religious discrimination can take many forms. These may include religious slurs, workplace graffiti, or other verbal or physical conduct directed towards individuals of a specific religious group that causes the employee to find the work environment to be hostile or abusive.

Racial Discrimination

This form of workplace discrimination involves treating an applicant or employee negatively due to their race or certain personal characteristics associated with their race, such as hair texture, skin color, and/or facial features.

This race-based discrimination also takes place when an individual is treated differently due to the race or color of the person they are married to. Discrimination may still occur when the victim of discrimination and the perpetrator is of the same race or color.