Workplace Discrimination

How You Can Be Discriminated Against at Work

Workplace discrimination is when an employer treats you differently based on something you can’t change about yourself.

Think of discrimination like clothing. If it can be easily changed, it’s likely not discrimination. Every day you can choose to wear something different. Today perhaps a sundress and sandals, tomorrow you might need a jacket and jeans. If your boss tells you to wear non-slip shoes when you’re wearing sandals, even if you think the request is ridiculous, that request is not discriminatory. Your boss could give you a warning or even terminate you because of your shoes. This action, by itself, is not discriminatory because shoes can be changed

However, there are aspects of YOU as a human that you can’t change. Let’s take the same example from above and assume your sex/gender identity is female. If your boss requires only women wear non-slip shoes because your boss (wrongly) believes men “have naturally better balance” – then this action is discriminatory. You cannot change your sex/gender identity – it’s who you are. If your boss then terminates you for not wearing non-slip shoes… the reason for your termination is no longer about shoes, it’s because of your sex/gender.

Protected Categories

Generally, things you can’t change about yourself, as well as life circumstances you must deal with which are beyond your control, are called “protected categories.” If your employer treats you differently because you fall within a protected category, you may have a claim for discrimination against your employer. 

A protected category can include any of the following:

• Race
• Color
• Religion (includes religious dress and grooming practices)
• Sex/gender (includes pregnancy, childbirth, breastfeeding and/ or related medical conditions)
• Gender identity, gender expression
• Sexual orientation
• Marital status
• Medical Condition (genetic characteristics, cancer or a record or history of cancer)
• Military or veteran status
• National origin (includes language use and possession of a driver’s license issued to persons unable to provide their presence in the United State is authorized under federal law)
• Ancestry
• Disability (mental and physical including HIV/AIDS, cancer, and genetic characteristics)
• Genetic information
• Request for family care leave
• Request for leave for an employee’s own serious health condition
• Request for Pregnancy Disability Leave
• Retaliation for reporting patient abuse in tax-supported institutions
• Age (over 40)

I’m here to help you.

If you believe you have been the victim of discrimination based on one of these categories, you might be able to collect damages from your employer. Such damages can include emotional harm, lost wages, or damage to your professional reputation. If so, I want to help you. Please click the button below to reach me. Our first conversation is free of charge.