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We have all heard about discrimination and the workplace is not immune to this phenomenon, but what is workplace discrimination? It can occur in many forms and in some situations you may need the help of an attorney to defend your rights. These are the most common cases of discrimination. Learn about them, get informed, and take action.
What is workplace discrimination?
In general terms, discrimination refers to the differential treatment that can be given to a person because of traits or characteristics such as gender, race, religion, among many others. When applied to the workplace, this can be evident when a person is rejected or mistreated by a coworker or supervisor and this affects the performance of their duties, in addition to creating other psychological effects.
Types of workplace discrimination:
Before delving into the types of discrimination, it is necessary to clarify what workplace discrimination is and that it can occur in two forms. It can be direct and occurs when a person receives differential treatment from their supervisor for the reasons already mentioned.
There can also be indirect discrimination in which, in a less obvious way, an employee does not have the same conditions as their coworkers and is instead a victim of retaliation. These are the most common types of workplace discrimination.
By gender:
What is workplace discrimination by gender? This may be one of the most common cases of workplace discrimination. Despite the measures taken by some countries, the participation of men and women in the labor market is inequitable, with men taking up the majority.
This is reflected in matters such as salary, as it is common for men to occupy more managerial positions or for their salary to be higher, even if a woman has the same conditions in terms of educational level or experience.
Additionally, cases of workplace discrimination due to pregnancy can occur in which companies choose not to hire women because of the time they must be absent due to maternity leave, in addition to other time off to attend medical check-ups and exams.
By age:
What is workplace discrimination by age? It can occur in two extreme cases. On one hand, there are the younger ones, recent graduates, generally, who do not have much work experience and who may be rejected from a job for this reason. Or they may be hired but under unfavorable conditions in relation to salary, hours, and workload.
On the other hand, there are older workers who may be excluded from openings because employers think that because of their age they cannot perform certain functions, especially if it involves handling some current technological tools.
Another situation that can occur is that because of years of experience, older people are considered overqualified for the position and therefore employers prefer to hire younger staff.
By sexual orientation:
What is workplace discrimination by sexual orientation? When an employer is in the selection process, the fact that one of the candidates indicates that they are attracted to people of the same sex cannot be a reason not to hire them if they meet the requirements indicated for the position.
In general, rejection for being part of the LGBT community is a discriminatory act that should not occur in the workplace. It should also not promote or allow mockery or mistreatment.
By race:
What is workplace discrimination by race? It occurs when a person suffers some type of rejection or mockery at work because of their race or other physical characteristics. It can also occur when a company denies them the option of joining the workforce because of these characteristics.
This also includes workplace discrimination for having any physical trait that the company uses as a reason for non-hiring or discrimination as soon as they assume the position.
By religion:
What is workplace discrimination by religion? This point is associated with the previous one and can occur when a person is a victim of workplace discrimination because of their religious beliefs and for that reason, the employer prefers not to hire them. This discrimination can also be because of political positions that do not align with what a company proposes.
By disability:
People who have some type of physical disability can suffer discrimination, as companies choose not to hire them or very few do.
However, there are policies that seek to generate inclusion and equal opportunities in this regard, however, as in the previous cases, a disability should not be grounds for work exclusion.At Conexión Legal we offer free consultation for cases of workplace discrimination; contact us through this channel via the WhatsApp icon or Schedule Your Consultation and explore alternatives to resolve your case.
How to act in the face of workplace discrimination?
Filing a complaint for workplace discrimination is a serious accusation, so you must be sure before taking that step. If you feel that you are a victim of discrimination for any of the reasons already mentioned, keep some recommendations in mind.
The first thing is to have evidence to prove that you are a victim of discrimination. Try to have photographic or video evidence, as well as a written record of the times these types of incidents occur, describe in detail what happened, the time, people present, and other information that serves as proof.
You can also inquire about previous cases of discrimination in the company to see how they have been handled, as well as the policies that exist in relation to those situations.
Once you have the evidence, what you should do is inform the company about the situation you are experiencing. If the discrimination is from a supervisor, discuss it with the human resources department and if you are being discriminated against by a coworker, inform your boss so that they can take the necessary corrective measures.
If after following these steps, the company does not take measures to prevent the situation from repeating, you should resort to legal channels so that your rights are respected. If applicable, consult with an attorney to guide your process and resolve it favorably.
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