Fighting discrimination and fostering diversity in the workplace
Workplace discrimination poses a challenge to the principles of fairness and equality. Unlawful discrimination affects people facing discrimination as well as group dynamics.
Here, we define discrimination in the workplace and describe its different types. We also discuss anti-discrimination laws and how to end workplace discrimination. We'll cover the following in this guide:
- What is workplace discrimination?
- Types of discrimination
- How to prevent and address workplace discrimination
- Laws and regulations
- What to do if you feel you're being discriminated
- How to create a diverse workplace culture
- Conclusion
- FAQs
What is workplace discrimination?
If you’re wondering what is discrimination in the workplace, it occurs when an individual or group is the subject of unfair treatment due to characteristics they have. These protected categories include ethnicity, race, age, gender identity, sexual orientation, disability, and religious beliefs. Workplace discrimination can occur among co-workers and between employees and their employers. The law prohibits discrimination, regardless of intent or reason.
Types of discrimination
Discriminating against an individual or a group based on a protected characteristic is unlawful. The Labor Code of the Philippines protects against the following:
- gender
- age
- marital and pregnancy status
- solo parental status
- disability
- ethnicity
- disease
- union membership
Anti-discrimination laws in the workplace protect employees from unlawful discrimination. Some workplace discrimination examples include:
Direct discrimination
Direct discrimination occurs when an employer treats an employee differently than other employees based on a protected characteristic. An example is stating that someone must be male to apply for a driver position.
There are cases where an employer can include a job vacancy requirement that isn't discriminatory. For example, a Roman Catholic school may open a vacancy to Catholics only.
Indirect discrimination
Indirect discrimination exists when a company policy treats individuals or groups unequally. A company that accepts "clean-shaven” job seekers only is an example of this. This condition could negatively impact people with specific religious beliefs.
Systemic discrimination
Systemic or institutionalized discrimination refers to a company favoring one group of people over another. This type of discrimination is hard to identify and address. It may happen as part of the normal functioning of a system. Systemic discrimination results in unconscious biases.
Systemic discrimination can occur in many areas, such as schools, the justice system, and workplaces. An example is people treated differently based on their race.
Harassment
Workplace harassment concerns a person or group feeling threatened by another. It often creates a negative work environment. An example is making fun of a co-worker because of their race, religion, or transgender status.
How to prevent and address workplace discrimination
You become more productive when you're in a healthy work environment. Employers should create a pleasant and positive work environment to prevent discriminatory practices. Here are some ways to work towards eliminating bias and discrimination in the workplace:
Training programs on diversity and inclusion
An employee whose background differs from the majority's may feel isolated and vulnerable to pressure from co-workers. On the other hand, the majority may feel threatened by those they view as “different.” Employers can conduct training programs to prevent this kind of unequal environment.
Reporting mechanisms
Many victims of unlawful workplace discrimination are too afraid to come forward. Employers should encourage employees to report any form of perceived discrimination. Having anonymous reporting methods or online tools can help encourage people to report discrimination.
Methods to investigate and address workplace discrimination complaints
Companies need to make it clear to the workforce that they have an anti-discrimination policy in place. This policy should include steps for employees to report complaints. It should also detail how the company conducts investigations and addresses situations.
Policies and procedures to deal with discrimination and retaliation
Employees should know what to do if they experience or witness workplace discrimination. They should also be aware that the federal court protects employees from unlawful discrimination.
Laws and regulations
To prevent further discrimination, there is anti-discrimination legislation in the workplace. In the Philippines, it's unlawful employment practice to discriminate based on protected categories. Employers must give fair treatment to all employees and job seekers who apply for a job with them. Here are some important workplace discrimination laws you need to know:
Republic Act 6725 – Prohibition on Discrimination Against Women
RA 6725 protects women's rights against unlawful employment discrimination. This law prevents employers from hiring based on one's gender. RA 6725 also prohibits promoting or giving biased treatment to employees based on their gender. Some examples of gender discrimination in the workplace are:
- not employing a female job seeker because the hiring manager thinks she is unfit to work in a male-dominated workplace
- male employees getting paid higher than their female counterparts
- giving work tasks based on an employee's gender
Republic Act 10911 – Anti-Age Discrimination in Employment
According to RA 10911, it is unlawful to discriminate against job seekers and employees based on their age, regardless of employment status. Some examples of unlawful age discrimination in the workplace are:
- putting an age limit on job postings
- not employing a younger job seeker, assuming that they're quick to move from one job to another
- bullying an older person or much younger person
Republic Act 7277 – Magna Carta for Disabled Persons
RA 7277, which took effect in 1992, protects persons with disabilities (PWD) from employment discrimination. PWDs are those people who are suffering from restrictions because of their different abilities or related medical conditions to perform, work, move, or act like a “normal” human being. RA 7277 ensures that all PWDs are given the same employment opportunities as others. This Magna Carta for Disabled Persons allows PWDs to become productive members of society and protect them from unlawful employment practices.
Presidential Decree No. 966 – International Convention on the Elimination of All Forms of Racial Discrimination
PD 966 prohibits all forms of employment discrimination against an individual based on their race or country of origin. The federal law prohibits employers from discriminating against a job seeker or employee because of their skin color, race, or ethnic origin. All individuals, regardless of ethnic origin, should be given equal employment opportunities. This decree also considers unlawful employment discrimination to make racial slurs, make derogatory remarks against an individual because of their race, or display offensive racial symbols in the workplace.
What to do if you feel you're being discriminated
State and federal laws protect employees from workplace discrimination, harassment, and bullying. Here are some tips on what to do if there's unlawful discrimination in your workplace.
- Seek guidance. The company should have a workplace discrimination policy in place. This policy must aim to protect employees. The company should guide you on the steps to take if you feel discriminated against. It must also offer guidance if you witness discrimination against another employee.
- Know who to go to. Company management usually handles employee complaints and concerns, so it’s important to know to whom to refer your complaints. You can also ask for assistance from your superior or human resources.
- Document the issue. Documentation is important when filing complaints. You can provide a statement or ask for statements from witnesses.
How to create a diverse workplace culture
A diverse workforce means people of different backgrounds, religions, races, genders, sexual orientations, disabilities, and levels of professional experience working together. Employers should look for diverse job applicants with the skills, knowledge, and drive to not only contribute to the company's growth but also reduce discrimination.
Here are some of the benefits of building a diverse workforce:
- Promoting varied perspectives: A diverse workforce can provide different perspectives and ideas on products or services.
- Supporting innovations: People of different backgrounds can offer diverse ideas, ensuring innovation and creation.
- Increasing team and individual productivity: A diverse workforce provides many professional skills, experiences, and approaches to achieving goals and completing projects. This can result in improved productivity and more effective problem-solving.
Here is a list of strategies to create an inclusive and diverse work environment:
- Get leadership commitment. Commitment from managers and leaders is important when creating a diverse and inclusive workplace.
- Implement diversity training programs. Education and information raise awareness of unconscious biases in the workplace.
- Adopt inclusive hiring practices. The employer should spearhead inclusive recruitment processes to attract diverse job applicants. One step toward this is avoiding biased descriptions in job listings.
- Promote inclusive policies. Now is the perfect time for companies to adopt inclusive policies and regulations. If your human resources team already has a policy, review it and the company's practices. Doing so will confirm that the company is inclusive and provides equal opportunities to employees and job seekers.
Conclusion
The consequences of discrimination in the workplace extend beyond its immediate victims. It kills creativity, restrains innovation, and undermines the fundamental principles of equality. Some agencies protect employees from unlawful discrimination in the workplace. Anti-discrimination laws are in place to ensure that companies treat employees fairly.
Inclusive and diverse workplaces attract job seekers and enhance employee engagement and productivity. Victims of workplace discrimination should learn to speak up and know their rights. Employees should understand how they can help prevent discrimination and foster diversity.
FAQs
- What is meant by a protected class?
A protected class is a group of people legally protected from harm caused by laws and policies that discriminate based on a shared characteristic. Protected categories include age, gender, race, disability, and more. - What are the different types of discrimination in the workplace?
Types of workplace discrimination include racial discrimination, disability discrimination, religious discrimination, age discrimination, pregnancy discrimination, and gender discrimination. - How can I recognize workplace discrimination?
Here are several signs of discrimination in the workplace:
- Your superior holds you to different standards than others, and you're the only one in the workplace who receives that treatment.
- You've heard offensive comments about your sex, age, religion, race, etc.
- You feel consistently left out of social gatherings, events, or meetings.
- You're getting paid less than others with similar positions.
- Your superior repeatedly bypasses you for promotions or training opportunities.
- What evidence should I gather if I think I'm the victim of employment discrimination?
You don't need documents to prove that you're a victim of discrimination in the workplace. Make a record of your experience and include the following information:
- The date and time (include how many times the discrimination occurred)
- The names of anyone involved
- A description of how the discrimination affected you (emotional impact, causing you to miss out on a promotion, etc.)
- The names of witnesses to back up your complaint
