Discrimination isn’t always overt. Subtle discrimination may exist. In the workplace, indirect discrimination likely takes place more often than blatant direct discrimination.
Employers may engage in indirect discrimination by instituting policies that directly harm a particular class of people. Company management might not even be aware of any discriminatory practices.
That’s not an excuse at all though. Rather, take the assessment as a warning to be on the lookout for five clear signs of indirect discrimination at the office.
1. Banning Certain Foods
Banning particular foods in the office kitchen can be done for a number of valid reasons.
Maybe the manager doesn’t want sugary drinks in the kitchen because they attract rodents.
If management chooses to ban certain foods because they seem “odd” or don’t fit with the “corporate culture,” this could be deemed a slight on someone’s ethnic background.
An employment lawyer might even consider the ban an outright discriminatory practice.
2. Unnecessary Clothing Rules
All offices do institute clothing policies. A person working at a customer service counter at a major five-star hotel can’t show up in a rock-n-roll t-shirt and cutoff shorts.
Dress codes become necessary to maintain professionalism. Banning certain clothing or accessories someone may wear for religious reasons, however, might cross the line into a discriminatory practice.
If the apparel doesn’t detract from professional appearances, why ban it?
3. Refusal to Allow Reasonable Accommodate
Reasonable accommodations that fail cause an undue hardship to an employer should be allowed in an office. For example, an employee may be suffering from an eye disorder that makes him/her sensitive to light.
Removing an overhead light bulb and adding a light-sensitivity screen to a desktop computer’s monitor won’t exactly cause problems in the office.
Telling the worker if he/she doesn’t like the lighting to quit could create legal jeopardizes under the Americans with Disabilities Act.
A business can’t be expected to spend thousands of dollars it doesn’t have to accommodate an employee, but simple helpful steps and minor rule changes won’t likely cause problems. Still, some employers don’t like to bend.
4. Posting Offensive Images or Documents
Hanging up pictures on walls considered sexist or racially offensive may be either direct or indirect discrimination based on how outrageous the material is.
A company with a tendency to tolerate displays of jokes, commentary, imagery, or other material that may be deemed offensive and does nothing to address complaints may be contributing to a discriminatory and hostile work environment.
5. Imposing Strict Educational Requirements
A specific profession may require an equally specific degree. And then there are jobs that can be performed by people with a multitude of degrees and educational experience.
Perhaps the job could even be performed by someone with a limited formal education. Still, an employer may choose to narrow down applicants by way of mandating stringent educational requirements.
Purposely limiting job opportunities through strict educational requirements could run the risk of being exclusionary.
Certain degrees maintain a reputation for an underrepresentation of groups of people. Deliberately — and unnecessarily — imposing requirements may veer into discriminatory practices.
Those who feel they are victims of workplace discrimination should contact an employment lawyer to discuss their situation. An employer’s policies and practices could open the door for civil litigation.
