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Posted on October 16, 2024 in Employment Law
Most employers recognize that overt signs of workplace discrimination can be costly and damage their reputation in the business world. However, overlooking subtle forms of discrimination potentially once perceived as acceptable norms is a harmful business practice. Workplace discrimination in California goes against state and federal law and may have significant legal ramifications. Below, we look at the subtle forms that discrimination can take.
The Equal Employment Opportunity Commission (EEOC) requires businesses to provide reasonable employee accommodations. When requests do not adversely impact the company, these accommodations extend to employees and time off for religious accommodations. An employer’s refusal of time off for religious leave when the request does not create significant expense or difficulty may be a subtle sign of religious discrimination in the California workplace.
Daily small talk between supervisors or employees may signify discriminatory practices in the workplace. Seemingly harmless jokes or passing comments in groups may alert to the acceptance of discrimination, particularly when these comments have undercurrents of discrimination aimed at a protected class, creating a hostile work environment.
Networking with co-workers is essential to building relationships and idea sharing and can provide insight into career advancement. Though challenging to prove as discriminatory acts, subtle signs of discrimination may be apparent when these informal groups exclude particular genders, ethnicities, or classes of people.
Discrimination occurring more subtly in the workplace may take time to recognize. Should a pattern emerge of particular groups or classes of people gaining more status, receiving raises or promotions to better positions while employers pass others over without reason, then discriminatory practices may be in play. Additionally, targeting groups for hourly reductions, layoffs, or terminations may reflect discrimination and wrongful termination practices.
Excluding qualified individuals without explanation from particular roles, such as leadership positions, only to assign them to jobs that a specific gender has historically performed may reflect subtle discrimination patterns. Assignments to more supporting roles, when an individual has the skills to take on leadership tasks, may be a sign of unaddressed discrimination. Similarly, having jobs that are required of one gender, such as clerical work, not expected of the other gender in the same position may indicate a skewed sense of responsibility based on perceived gender roles.
Gender-based assignments may also occur in requests unrelated to someone’s position. Requesting females to grab coffee and drinks for office visitors while males are offered extracurricular opportunities for face-time with management may indicate a workplace that tends toward discrimination.
A workforce composed mostly of individuals of a specific demographic, race, or age may reflect an intentional or unintentional discriminatory pattern. Regardless, a lack of diversity may strongly indicate hiring practices and management decisions that need addressing. The California workforce provides a rich culture across demographics and ages that brings beneficial qualities to any work environment. Failing to hire individuals because they belong to a certain group or protected class eludes to key issues in hiring practices.
Employers taking actionable steps can work to prevent discrimination in the workplace, even in its most subtle forms. Implementing strong anti-discrimination policies is necessary and can boost employee confidence. It also protects against liability for discriminatory practices when discrimination occurs.