Workplace discrimination has been around for decades in most parts of the world. Discrimination refers to the disparate treatment of workers based on social and physiological indicators such as age, gender, race/ethnicity, religion, and sexual orientation. The pervasiveness of discrimination manifests in the adverse psychological, social, occupational, and sometimes physical effects that the vice has on the victims. Over the last four decades, several countries have enacted antidiscrimination laws due to the mounting awareness and public outcry regarding workplace discrimination. These laws, coupled with avenues for redress in the courts, have been effective in significantly reducing cases of overt discrimination in many places of work. However, recent years have seen a rise in subtle manifestations of discrimination that take the form of incivility. This contemporary trend is harder to identify and address because its perpetrators do not display a clear intent of causing harm to their victims. Thus, this paper discusses the types of workplace discrimination, the factors that contribute to its prevalence, its effects on employee performance and productivity, and the possible solutions to the problem.
The U.S. Equal Employment Opportunity Commission [EEOC], (2015) identifies numerous types of workplace discrimination. Examples include age, disability, equal pay, genetic, harassment, national origin, pregnancy, race/color, and religious. Age discrimination occurs when an employer treats an existing or a potential employee less favorably because of his or her age (EEOC, 2015). This form of discrimination was prevalent in the past as employers favored younger, more energetic workers for managerial promotions over older workers. Cases of involuntary retirement were common in many organizations. For this reason, the U.S. government enacted the ADEA (Age Discrimination in Employment Act) in 1967 to protect such workers from discrimination. While novel in its conception, the legislation only protects those aged 4o years and above and neglects the younger generation. Age discrimination may include wrongful discharge, differential pay based on age, or offensive remarks about the age of a worker.
Disability discrimination results when an employer treats an existing or prospective, qualified employee unfavorably because he or she has a disability (EEOC, 2015). This law only applies to those employers covered by the Rehabilitation Act or the ADA (Americans with Disabilities Act) because the regulations obligate them to make reasonable accommodations such as customized restrooms and ramps for easy movement. Disability discrimination included bias against workers with a history of disability such as cancer, a permanent mental or physical impairment, or a family member who is disabled (EEOC, 2015). Genetic discrimination occurs when employers or entities treat employees or applicants unfavorably due to their genetic information. Title II of the GINA (Genetic Information Nondiscrimination Act) enacted in 2008 prohibits covered entities from requesting genetic information from their workers. Genetic information refers to any information on the genetic makeup of individuals and their family members. The law restricts the disclosure of family medical history because employers often use it make hiring decisions by screening out applicants with a high risk of a disease or disorder.
National origin discrimination occurs when employers treat workers negatively because of their country of origin, their accent/ethnicity, and marriage to people of a particular national origin. Pregnancy discrimination, on the other hand, occurs when pregnant women receive negative treatment from their employers. The PDA (Pregnancy Discrimination Act) protects such women from unfair targeting with respect to hiring, promotions, and pay among others (EEOC). The regulation also considers the women suffering from pregnancy or childbirth complications to be temporarily disabled. As such, covered entities must make necessary accommodations for them such as disability leave and light duty assignments. Pay discrimination occurs when men and women in the same workplace and with equal job qualifications receive differential pay based on their gender or race. Pay gap usually stems from existing cultural and social prejudices. Women, regardless of their race, education, or age, receive lower pay than their white male counterparts do. Kelsey (n.d.) attributes this disparity to the judgment of women by stricter job standards than men, hindering their ability to appear competent. While employers evaluate males based on their potential for accomplishment, females are assessed based on their actual achievement. Furthermore, male-dominated occupations record higher median earnings than field dominated by women.
Race/Color discrimination occurs when entities treat certain employees negatively because of their race or physical attributes associated with a particular race such as skin complexion, facial features, or hair texture (EEOC, 2015). Racial harassment may include derogatory remarks about a colleague’s race or color, racial slurs, or displaying racially-offensive symbols. Racial discrimination is perhaps one of the most common forms of discrimination in the U.S. and other developed countries. Its roots trace back to European colonization era when people of African and Asian descent were subjected to slavery by the dominant white race. Whereas slavery ended decades ago, the lifestyle disparity between whites and African Americans in contemporary America is unsettling. Fernandes and Alsaeed (2014) attribute this inequality to the differences in employment and education opportunities that both races receive. African Americans have made inroads, albeit small ones, in the labor market. For instance, non-whites comprised only 14% of the total workforce in the U.S., while African Americans made up 12% of the workforce in 2005 (Fernandes & Alsaeed, 2014). This figure is projected to drop to increase by only 2% in the year 2050. Colored people not only face discrimination in white-collar jobs, but they are also passed over in promotions for executive and managerial positions in most organizations. According to the EEOC report published in 2010, colored people comprised only 11.9% and 20.1% of all executive level positions, and first and middle-level managerial jobs respectively (Fernandes & Alsaeed, 2014). Immigrants of Hispanic and Latina origin have not been spared the ethnocentric bias perpetuated by American employers. Most of them can only obtain low-level jobs because employers believe them to be unskilled and uneducated. The common forms of racial discrimination include emotional maltreatment (e.g. verbal abuse), difficulties in career advancement (regardless of qualification), push into minority positions (e.g. menial jobs for Hispanic immigrants), inaccessibility to mentors, and hiring biases (Fernandes & Alsaeed, 2014). Racial stereotypes exacerbate such vice. For instance, young African American males are usually portrayed as lazy, not as intelligent as Caucasian youths, and immoral. In contrast, black females suffer both racial and sexual harassment in the form of threats, derogatory comments, verbal abuse, slurs, and unwelcome remarks that contribute to their high turnover rates in organizations.
Finally, religious discrimination refers to the wrongful treatment of employees based on their religious affiliations as well as deeply held moral or ethical beliefs (EEOC, 2015). Title VII of the Civil Rights Act requires employers to make reasonable accommodations to the religious beliefs of their workers such as voluntary shift swaps, flexible scheduling, and head coverings or religious dress (e.g. the Muslim hijab). This form of discrimination still faces steep hurdles in the labor market since religious discrimination laws favor employers and white-collar professions over blue-collar jobs (Friedman, 2010). The burden of proof for discrimination lawsuits rest on employees who must prove that their strict adherence to their beliefs and demonstrate the adverse effects that non-compliance with religious tenets has on their lives. For white-collar professionals, religious discrimination is less pervasive because they can make necessary changes to their shifts in advance such as voluntary swaps with fellow employees or finish their assignments way ahead of schedule. In contrast, hourly wage workers are at a disadvantage because the manpower in their workplaces is usually at a maximum capacity such that the employer cannot afford to lose even a single employee (Friedman, 2010). The cost of finding suitable replacements at short notice causes significant loss of productive capacity that most employers are unwilling to accommodate religious considerations. Second, blue collar workers are the least equipped to comprehend the legal protections available to them due to their low education attainment. Furthermore, their long, work hours and their juggling of several jobs prevent them rallying support from their peers to lobby local politicians to advance laws that protect their religious interests (Friedman, 2010).
The factors that contribute to workplace discrimination can be cognitive, affective, social, and organizational in nature (Cortina, 2008). Cognitive factors are those that influence our minds into placing people into social groups based on salient cues such as age or race (Cortina, 2008). They include social categorization and stereotypes. Stereotyping refers to the application of generalizations or expectations to people of a certain social group. For example, most American employers consider Hispanic and Latina worker to be illiterate and are thus more inclined to offer them low-paying jobs despite their qualifications or educational achievement. Affective factors include out-group aversion, mild negative emotions, and differential esteem (Cortina, 2008). Group aversion refer to negative feelings that an individual may have towards members of particular groups. For instance, employers tend to display “paternalistic prejudice” towards out-groups they consider warm but incompetent such as Hispanic immigrants, leading to pity or fewer job assignments (Cortina, 2008). Mild negative emotions (e.g. anti-female or anti-minority feelings) may exist in people, even if they perceive themselves to be non-racial. Lastly, differential esteem exists when the society accords a greater sense of respect and admiration for males than females (Cortina, 2008). Throughout history, men have been valued for their physical strength and presumed ‘intellectual superiority’ while women are considered demure and intellectually inferior. These sentiments have trickled down to modern days, even though they are subtle and less insidious. Thus, men receive higher pay and more promotion opportunities than women do.
Social factors such as stereotypes, social structure, and heritage play a significant role in promoting workplace discrimination. The current social structure perpetuates power imbalance where powerful people (mostly of Caucasian descent) emphasize the status quo to maintain their access to valuable resources and bolster their individual and collective self-esteem (Cortina, 2008). In the process, employment practices such as hiring, promotion, and compensation tend to favor them over minority groups. The social heritage of women and ethnic minorities such as colonial slavery perpetuate notions of male dominance and European ethnocentrism, which translate into gender and racial discrimination. Lastly, the media entrench certain stereotypes through images displayed in cartoons, films, and books, making the vice difficult to eradicate. In the organizational context, the leadership shapes the attitudes of employees towards discrimination. In organizations where the leaders establish clear codes of respectful behavior, display non-discriminative values, and act on discrimination complaints, the level of discrimination tends to be low.
The effects of workplace discrimination can be psychological, physical, occupational, and organizational in nature. Persistent harassment of an employee through verbal and implicit attacks causes negative mood, fear, perceived injustice, cognitive distraction, anger, and damaged social identity (Cortina, 2008). These outcomes culminate into psychological distress that may trigger stress-related disorder such as hypertension, which further derail the physical health of an individual. In rare cases, a victim may suffer physical injuries in the form of a slap from a superior that causes a severe blow to the self-esteem of the victim. Occupational effects of discrimination result from the decreased employee performance and productivity in the work environment. A victimized employee loses morale and displays greater job dissatisfaction and lower creativity. Reduced employee performance ultimately results in financial losses to an organization in the form of substance abuse, job accidents (due to poor concentration), numerous sick leaves and absenteeism, team conflicts, and replacement costs associated with high employee turnover rates (Cortina, 2008).
The possible solutions to workplace discrimination include introducing affirmative action programs and policies against discrimination. Affirmative action programs are initiatives geared towards the empowerment of female employees in the workplace. An organization can introduce affirmative action training for both female and male workers, institute policies that encourage women participation in decision-making processes, raising their pay commensurate with their male counterparts, and making reasonable accommodations to peculiarities affecting women such as maternity leaves. These programs will encourage gender equality sentiments and create a non-discriminative culture. Secondly, organizations should establish policies that explicitly prohibit all forms of discrimination and create channels for victims to seek redress. By acting on discrimination complaints through termination of the perpetrators, the organization sends a clear message to its employees that discrimination will not be tolerated. Such redress systems deter perpetrators and create a culture of mutual respect.
In conclusion, workplace discrimination is a problem that affects most organizations. The common forms of discrimination are based on gender, age, race, religion, and pay among others. While laws such as the ADA, The Civil Rights Act, and ADEA have managed to curb the vice, certain forms of subtle discrimination persist in modern organizations. Consequently, such behavior cause adverse psychological, health, physical, and occupational effects to the victims whereas the organizations suffers considerable financial losses related to low employee productivity. Organizations, therefore, need to implement stricter antidiscrimination policies and support affirmative action programs to foster respectful interactions among employees, and between the employees and the management.
References
Cortina, L. M. (2008). Unseen Injustice: Incivility as Modern Discrimination in Organizations. Academy of Management Review, 33(1), 55-75. doi:10.5465/amr.2008.27745097
Fernandes, L., & Alsaeed, N. H. (2014). African Americans and Workplace Discrimination. European Journal of English Language and Literature Studies, 2(2), 56-76. Retrieved from http://www.eajournals.org/wp-content/uploads/African-Americans-and-Workplace-Discrimination.pdf
Friedman, R. J. (2010). Religious Discrimination in the Workplace: The Persistent Polarized Struggle. Transactions: The Tennessee Journal of Business Law, 11, 144-165. Retrieved from http://trace.tennessee.edu/cgi/viewcontent.cgi?article=1181&context=transactions
Kelsey, C. L. (n.d.). Gender inequality: Empowering women. Journal of Legal Issues and Cases in Business, 1-7. Retrieved from http://www.aabri.com/manuscripts/131765.pdf
U.S. Equal Employment Opportunity Commission (EEOC). (2015). Types of Discrimination. Retrieved March 29, 2016, from http://www.eeoc.gov/laws/types/
