What is the Difference Between Discrimination and Harassment in the Workplace?

Workplaces should be environments of productivity, respect, and professionalism. Unfortunately, issues of discrimination and harassment can arise, creating hostile and potentially unlawful environments for employees. Understanding the differences between discrimination and harassment is essential for both employers and employees to ensure a workplace that aligns with legal standards and promotes a healthy work culture.

What is Workplace Discrimination?

Discrimination in the workplace is defined by unequal treatment or prejudiced actions against individuals based on certain protected characteristics. These characteristics can include race, gender, age, disability, religion, national origin, and more, depending on the legal jurisdiction.

Discrimination can be evident in various aspects of employment, such as:

• Hiring and firing
• Pay disparities
• Promotions and demotions
• Job assignments and duties
• Training opportunities
• Benefits and other employment terms

Types of Workplace Discrimination

The Los Angeles discrimination lawyers at Yadegar, Minoofar, and Soleymani LLP describe the different types of discrimination in the workplace:

• Direct Discrimination: This occurs when an employee is treated less favorably than others because of their protected characteristics.
• Indirect Discrimination: Policies or practices that apply to everyone but disadvantage a particular group disproportionately may be indirect discrimination if they are not justifiable.

What is Workplace Harassment

Harassment is unwelcome conduct that is based on a protected characteristic and is severe or pervasive enough to create a work atmosphere that a reasonable person would consider intimidating, hostile, or abusive. Harassing behavior might include:

• Offensive jokes
• Slurs or name-calling
• Physical threats or assaults
• Intimidation tactics
• Mockery or insults
• Display of offensive objects or images

Forms of Workplace Harassment

• Sexual Harassment: Includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
• Bullying: Repeated, health-harming mistreatment of an employee by one or more employees.
• Cyberbullying: Harassment that occurs through electronic means, such as emails or social media.

The Relationship Between Discrimination and Harassment

Though both harmful, there’s a distinct difference in the application of the terms discrimination and harassment. Discrimination often refers to unfair treatment based on a protected characteristic that impacts one’s employment conditions or opportunities. Harassment, while it may overlap with discrimination, specifically relates to the creation of a hostile work environment through offensive behavior.

Harassment can be viewed as a form of discrimination, particularly when the unwanted conduct becomes a condition of continued employment or when the conduct is severe enough to create a work environment that any reasonable person would find hostile or abusive.

Employer’s Responsibilities

Employers have an obligation to maintain a workplace free from discrimination and harassment. They are required to:

• Establish and enforce clear workplace policies
• Provide training to managers and employees
• Promptly investigate any complaints
• Take appropriate action to address and rectify any discrimination or harassment

Employee’s Rights and Recourse

Employees who experience discrimination or harassment have rights that protect them. They can:

• Report the behavior to their supervisor or designated HR person
• File a complaint with their company
• Seek guidance from legal advisors or union representatives
• File a charge with appropriate government agencies, like the Equal Employment Opportunity Commission (EEOC) in the U.S.

Preventative Measures

A proactive approach involving the following can help mitigate workplace discrimination and harassment:

• Regular Training: Implement ongoing training sessions to educate employees on what constitutes discrimination and harassment.
• Clear Communication: Maintaining transparent communication channels for reporting and addressing issues.
• Zero Tolerance Policy: Enforce policies that make it clear that discrimination and harassment will not be tolerated.

Confusion between discrimination and harassment may arise due to their overlap, but understanding the distinction is crucial. Discrimination typically pertains to biased treatment impacting employment opportunities, while harassment is about the sustained, hostile behavior creating an intimidating environment. Both are unacceptable and unlawful in many jurisdictions, and addressing these issues head-on through education, policy, and legal action is imperative for fostering respectful and safe workplaces.