What is Discrimination in the Workplace? Definition, and Types

Most people consider salary to be the biggest concern in the workplace. Undeniably, it is, but what hampers your career most is workplace discrimination. It can overshadow your morals and crush your confidence right in front of your eyes. Isn’t it? This blog delves into Discrimination in the Workplace, its significant types and how you can file a discrimination complaint. Read further to tackle workplace discrimination effectively. 

Table of Contents  

1) What is Workplace Discrimination?  

2) Types of Workplace Discrimination  

3) How to File a Discrimination Complaint?  

4) What Employer Practices are Considered Unlawful?  

5) Intentional and Unintentional Discrimination  

6) Conclusion  

What is Workplace Discrimination?  

Workplace discrimination is the unjust treatment of employees based on characteristics like religion, sexual orientation, age, gender or disability. It could be a one-time or an ongoing incident like harassment. Discrimination typically happens between colleagues, or between an employer and an employee. Regardless of its purpose, discrimination is harmful.  

In the UK, workplace discrimination remains a common issue. As per the CIPD Good Work Index 2024 , workplace disputes put stress on the job for approximately eight million UK workers. The most common forms of discrimination reported were:  

a) 48% being humiliated at work   

b) 35% had a heated argument  

c) 34% received verbal abuse or insult  

d) 20% experience discriminatory behaviour   

Moreover, 42% employees reported feeling exhausted all the time compared to 18% who had no conflicts. Additionally, 37% felt constant under pressure compared to 15% of those without discrimination.   

Those affected by discrimination expressed lower confidence level, lower trust and diminished belief in employer’s support. These statistics displays the need for early intervention to safeguard workplace discrimination and conflicts.
  

Types of Workplace Discrimination  

Workplace discrimination often arises as an unfair treatment based on personal characteristics like: 

a) Race or Background: It contains mistreatment or lack of opportunities based on an individual's background.  

b) Age: Age discrimination occurs when a person's age impacts employment decisions rather than their qualifications or skills.   

c) Gender: Discrimination based on gender contains unequal treatment due to gender identity. This results in unequal pay, stereotyping, or sexual harassment. It can even influence transgender and non-binary individuals, with women experiencing it the most.   

d) Sexual Orientation: Prejudiced behaviours like harassment, unlawful termination, or denial of benefits contribute to forming a hostile work environment for LGBTQ+ employees.   

e) Disability: Individuals with physical or mental disabilities experience inequality like denial of concessions, biased hiring process, or are excluded from job options.  

f) Religious Beliefs: Religious beliefs involve unfair treatment, such as discrimination, harassment, or unjust job actions, such as denial of job chances or pay raises because of one's religious beliefs.  

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How to File a Discrimination Complaint?  

Here’s how you can file a discrimination complaint:   

1) Gather Data  

Collect the important details like the name, phone number, and address of the person involved and the one who experienced discrimination. If possible, gather contact details of any witness who can support your claim.   

2) Log Experience  

Create a brief report detailing the events, including information like the names, dates, times, and places. Record all relevant incidents to demonstrate a pattern of discrimination or harassment.  

3) Submit Details  

Send your recorded complaint to an established agency like the Equality and Human Rights Commission (EHRC). You do not need any specific recommendation to submit your complaint; provide a detailed description of the discrimination you have faced.  

What Employer Practices are Considered Unlawful?  

Understanding unlawful employer practices is essential for ensuring a compliant workplace. Here are some of the practices:  

a) Discriminatory Employment Decisions: The law prohibits discriminatory employment decisions based on traits such as race, gender, age, or disability. For example, refusing to hire applicants based on their race or not promoting them because of their gender is not allowed.  

b) Harassment: Employers are required to stop harassment that violates an employee's dignity or leads to a hostile, or humiliating atmosphere. This covers offensive jokes, remarks, or behaviours directed at a person's race, gender, or other characteristics that are protected.  

c)  Victimisation: It happens when an employee is treated poorly after reporting discrimination, supporting another person's complaint, or being part of an investigation. This may lead to a demotion, termination, or other negative consequences because of their participation.  

d) Failure to Make Reasonable Adjustments: Employers are required to make reasonable deal for disabled employees to prevent any disadvantages they may face in the workplace. It includes modifying workspaces, offering specific tools, or altering work schedules. Not making these changes could be seen as breaking the law.  

e) Equal Pay Violations: Employers are required to ensure that both men and women receive the same pay for the same job to comply with equal pay laws regardless of gender.  

Employers need to be aware of their legal duties and create policies to protect these unlawful practices.   

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Intentional and Unintentional Discrimination  

Intentional discrimination is a direct form of discrimination that happens when an employee gets treated unfavourably. The unfair acts are based on characteristics like age, gender, or race. There are three types of intentional disclinations namely.  

a) Ordinary Direct Discrimination: Treating someone less favourably due to a protected characteristic; lawful only if 'objectively justifiable.'  

b) By Association: Unfair treatment based on a protected characteristic of someone they're associated with.  

c) By Perception: Discrimination based on the belief that someone has a protected characteristic, regardless of accuracy.  

Unintentional discrimination is an indirect form of discrimination that are normally unintended. It occurs when a policy applies to everyone, but it puts those with protected characteristics at a disadvantage. For example, a company police requiring its employees to work late may indirectly affect those with childcare responsibilities, mostly women.   

Conclusion  

Discrimination in the Workplace is one of the most significant issues that undermines productivity, fairness, and employee well-being. Addressing it require careful measures like training, supporting culture, and transparent policies. Employers must foster a respectful atmosphere where all employees feel valued and protected. Tacking workplace discrimination promotes equality, enhance overall performance of employees. This will benefit both the organisation and the employees.   

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