Blatant displays of discrimination are often easy to recognize. But what about covert discrimination? Indirect comments or microaggressions? Unconscious bias that you or your employees are guilty of?
All forms of discrimination are illegal, whether subtle or not. To avoid bias or inequality in your workplace, here is what you need to know.
Discrimination can be challenging to distinguish
As an employer, you are responsible for protecting the rights of your employees, including the right to be free from discrimination. However, many employers think that violating this right always has to do with a big event, such as firing someone because of their race or age.
This is not true. Discrimination can take place in small, unseen ways because of the following reasons:
- Subtlety: Discrimination can be subtle and appear in things like indirect comments, jokes based on stereotypes or small acts that build up over time.
- Unconscious bias: Some people have unconscious biases that are not intended but still put your business at risk of a discrimination case. A common example is a hiring manager favoring candidates from a specific university because they attended the same one.
- Lack of awareness: Your employees may not be fully aware of what counts as discrimination and therefore make comments or jokes that are offensive to some.
- Cultural differences: There can be different understandings of behavior in a multicultural workplace. This can make it hard to know what counts as discrimination.
Obvious or not, employers must handle instances of discrimination as swiftly as possible. Not only is it important for creating an inclusive workplace, but it is also mandatory according to many anti-discrimination laws.
How to create a discrimination-free workplace
The best way to avoid discriminatory behavior is to ban it from day one. Develop clear policies with zero tolerance for discrimination and harassment. Provide regular training to raise awareness and teach employees about recognizing and preventing discrimination.
If an employee makes a complaint, investigate and respond promptly. At the same time, create an easy way for employees to report discrimination without fear of retaliation.
When legal help may be necessary
Discrimination cases can quickly spiral into something bigger unless you address it quickly. With an experienced employment law attorney, you can investigate the matter internally and find a fair resolution in the easiest way possible.
Keep in mind that doesn’t take much to make someone feel they have been treated unfairly. That said, preventing these behaviors is always better than resolving them later.