Common Signs of Workplace Discrimination
Federal and state laws protect workers from discrimination in the workplace. Employers can’t discriminate against workers due to their:
- Race
- Color
- National origin
- Sex (and pregnancy)
- Disability
- Age
- Genetic information
- Citizenship status
- Sexual orientation
- Religion
Although there are strict laws prohibiting employers from discrimination, thousands of workers file discrimination claims every year.
To file a workplace discrimination claim, a worker needs to provide evidence that their workplace displays discriminatory behavior. Our Kentucky employment law attorneys have put together common signs of workplace discrimination.
The common signs of workplace discrimination are as follows:
#1: Unusually High Turnover Rate
Workplaces that display discriminatory behavior might have unusually high turnover rates. Although there might be many reasons that employees leave jobs quickly, discrimination could be a factor. There are many cases when workers who experience discrimination seek new employment instead of legal counsel. However, workers should exercise their rights under state and federal employment laws.
#2: Lack of Diversity
In many cases, workplace discrimination can be noticeable by their lack of diversity in the staff. If your workplace is the same race, gender, age, or sexual orientation, then the environment can be proof of discriminatory behavior. Employers are prohibited from considering race, gender, disabilities, or sexual orientation during the hiring process.
#3: Fixed Roles
If your workplace strictly consists of only one gender occupying managerial positions and the other remaining in secretarial roles, it could be a sign of discrimination. Especially if the gender in the nonmanagerial position is qualified for promotion by was never given one.
#4: Denied Promotions
If you have the skills and experience needed to fill a higher-level position but have been consistently passed over, it could be due to workplace discrimination. Especially if you have displayed an interest in the new role, but it was given to another less qualified candidate.
#5 Questionable Hiring Practices
In general, employers are prohibited from asking interview questions that target an applicant’s protected class.
Examples of prohibited questions can include:
- Do you have children?
- How many kids do you have?
- Are you pregnant or do you plan to become pregnant?
- Who watches your children while you’re at work?
#6 Language That Reveals Unlawful Bias
Another way to spot workplace discrimination is by listening for language that reveals an employer’s unlawful bias. This includes comments that stereotype certain protected classes and attack their fitness as workers based on their protected attributes.
#7 Unequal Pay
The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. Title VII, the ADEA and the ADA also prohibit compensation discrimination on the basis of race, color, religion, sex, national origin, age or disability, but do not have the “substantially equal” requirement.
As such, situations in which men and women are not provided equal pay can be a sign of workplace discrimination.
#8 Retaliation
Retaliation for engaging in protected activity is prohibited by law. Protected activity is the activity an employee engages in when they exercise their rights under Title VII or one of the other workplace discrimination statutes.
Call Our Kentucky Employment Law Attorney: (502) 890-9954
If you believe that you are experiencing workplace discrimination, you need an experienced attorney on your side. Although the signs listed above could indicate discrimination in the workplace, you need strong evidence. Our team at Charles W. Miller & Associates can help you obtain the evidence you need to demonstrate that your employer displays discriminatory behavior against you. We have the knowledge, skills, and experience needed to help you get your desired outcome.
Contact our Kentucky employment lawyers today at (502) 890-9954 to schedule a confidential consultation!