Discrimination is a term used often in human rights law to distinguish the differential treatment of an individual because of a prohibited ground.
Discrimination is the prejudicial treatment of an individual based solely on their membership in a certain group or category. Discrimination is the actual behavior towards members of another group. It involves excluding or restricting members of one group from opportunities that are available to other groups. The United Nations explains: "Discriminatory behaviors take many forms, but they all involve some form of exclusion or rejection." Discriminatory laws such as redlining have existed in many countries.
Definition
1. Bias or prejudice resulting in denial of opportunity, or unfair treatment regarding selection, promotion, or transfer. Discrimination is practiced commonly on the grounds of age, disability, ethnicity, origin, political belief, race, religion, sex, etc. factors which are irrelevant to a person’s competence or suitability.
2. Unequal treatment provided to one or more parties on the basis of a mutual accord or some other logical or illogical reason.
Categories
· Racial and ethnic discrimination
· Age discrimination
· Sex, Gender and Gender Identity discrimination
· Caste discrimination
· Employment discrimination
· Sexual orientation discrimination
· Language discrimination
· Reverse discrimination
· Disability discrimination
· Religious discrimination
Discrimination in the Work Place
Here are some general guidelines for managers to follow when confronted by any type of discrimination:
- Pay attention to what you don’t always see. You can’t always see it, prove it, or stop it, but if you ignore even the hint of discriminatory behavior, you and your company could suffer in the long run. Low morale, employee conflicts, and even lawsuits are just a few of the serious problems that could arise.
- Don’t play favorites. If you offer certain benefits to employees, make sure these perks are available to everyone. For instance, if you want to provide a flexible work arrangement for your older workers, avoid appearing discriminatory by being sure to offer this option to everyone.
- Keep your personal beliefs personal. Your personal philosophy regarding race, religion, sexual orientation, and other potentially contentious issues should not affect your duty to monitor workplace discrimination, nor should it cloud your views regarding what’s legal and just.
- Be careful of what you say and to whom you say it. It’s easy for an off-the-cuff remark — said by either you or an employee — to start an avalanche of bad feelings and even a charge of discrimination. Think before you say something that might be misconstrued, and teach your employees to conduct themselves similarly. People should not be afraid to be themselves, but they do need to be careful, sensitive, and knowledgeable about what’s okay to say and what’s better left unsaid.
- Respond quickly. If an employee expresses concern about possible workplace discrimination, do what you can in the shortest period of time to resolve the issue. Allowing it to linger will only add to the employee’s anxiety and allow whatever may be occurring to continue. Establish a clear policy for yourself and others for dealing with the problem. Do some intelligence gathering by having an honest conversation with the person who has lodged the complaint. Who said what? What exactly happened? Who else was involved? Along with the help and guidance of your human resources manager, talk to the person who has been accused. Make sure to take (and safeguard) copious notes of your discussions.
- Educate yourself. Stay informed about workplace discrimination. Talk with your peers in similar and different industries, read your daily newspaper for information about what’s happening locally, and conduct research on discrimination and harassment law. Find out what it means for you as an employer. Consider paying an attorney who specializes in this area a one- or two-hour consulting fee, and ask as many questions as you can. Think of your investment as part of the cost of doing business. In the long run, a short meeting could save you a lot of money.
- Formalize the policy and the consequence. Create and post an antidiscrimination policy (or consider paying an expert to create one). Keep in mind that no antidiscrimination policy will be taken seriously unless you take concrete action against any possible wrongdoing. After you’ve assessed the situation and consulted a lawyer, determine how you’re going to proceed. If you discover that some kind of discrimination has taken place, decide if you will start with a warning, insist on counseling, or formally terminate the accused.
How to Avoid?
· Know what is legally defined as workplace discrimination. Making derogatory remarks about a group of people or making hiring decisions based on a protected-class characteristic are discriminatory acts. It is also considered discrimination to withhold raises and promotions or terminate a person based on his class or refusal to perform sexual acts.
· Learn the protected classes covered by anti-discrimination laws. A protected class is a group of people against whom it is illegal to discriminate based on a common characteristic. It is illegal to discriminate due to: race, ethnicity, religion, national origin, age, gender, disability, color, political affiliation or veteran or familial status. In some areas, it is also illegal to discriminate based on sexual orientation, though it is not a federal violation.
· Avoid workplace discrimination by developing a no-tolerance policy in regard to harassment and discrimination. Put the policy in writing and require every employee to read it. Have each employee sign a form indicating that she has been provided with a copy of the policy and keep these forms in personnel files.
· Establish a procedure for filing complaints. The procedure should outline to whom complaints should be made and how they can be heard confidentially. It should also define an action plan for investigating complaints thoroughly and promptly.
· Discuss the anti-discrimination policy in detail with your employees. Give clear examples of incidences of discrimination and share the consequences for such actions. At the same time, provide employees with the procedure to follow in order to file an internal grievance.
· Provide diversity and sexual harassment training for all employees. Such training further clarifies what types of behavior are inappropriate. It will also provide strategies and solutions as to how a diverse workplace can function together as an effective team.
