Discrimination in the workplace is unlawful. This includes discrimination directed toward current employees and applicants. Some forms of discrimination are obvious and direct. For instance, if a company does not allow female managers, this is direct discrimination against women.
Discrimination can also occur indirectly. Indirect discrimination involves policies that are aimed at all employees, but impact one group of people disproportionately. Outlined below are some common examples.
Indirect discrimination based on nationality
Indirect discrimination based on nationality may occur if a policy puts people of certain nationalities at a disadvantage. For example, if an advertised position states that only individuals who were educated in the U.S. will be considered, this can put many applicants born outside of the U.S. at a disadvantage.
Indirect discrimination based on religion
Some policies may be indirectly discriminatory against people of a particular religion. For instance, if an employer states that work breaks are not permitted at certain times of the day, this may put people who need to pray at certain times at a disadvantage.
Indirect sex discrimination
Indirect sex discrimination may occur if a company requires all employees to work full-time hours with no flexibility on schedules. This could impact people who have to take care of children throughout the week. Although both men and women can be responsible for child care, a policy like this is more likely to disproportionately impact women.
Discrimination of all forms is harmful and unlawful. Companies have a legal duty to prevent it as much as possible and address it accordingly should it occur. If you feel like your rights as an employee have been violated, then it may benefit you to seek legal guidance.