Employment Discrimination Lawyer

Discrimination in the workplace occurs when an employer treats an employee or job applicant unfairly based on protected characteristics such as race, gender, age, disability, religion, or sexual orientation. Recognizing and addressing workplace discrimination is essential for promoting diversity, inclusion, and equal opportunities for all employees. According to an employment discrimination lawyer from our friends at Eric Siegel Law, here are several ways to recognize discrimination in the workplace.

Disparate Treatment

One of the most apparent forms of discrimination in the workplace is disparate treatment, where employees are treated differently based on their protected characteristics. This may involve:

  • Unequal pay or benefits for employees performing the same job with similar experience and qualifications.
  • Unfair or biased promotion, hiring, or termination decisions.
  • Differential treatment in work assignments, training opportunities, or performance evaluations.

Recognizing disparate treatment involves observing patterns of behavior and decision-making that disproportionately affect individuals based on their protected characteristics. For example, ageism is often an issue, so you may find that you are being discriminated against due to your age.

Discriminatory Comments or Jokes

Discriminatory comments, jokes, or slurs, whether spoken or written, can create a hostile work environment for employees belonging to protected groups. Be vigilant in monitoring workplace conversations and communications for any derogatory language or humor that targets individuals based on their race, gender, age, or other protected characteristics. Addressing these comments promptly and appropriately is essential for maintaining a respectful and inclusive workplace. Immediately bring in a supervisor if something makes you uncomfortable, and try to document the situation in case it escalates.


Stereotyping occurs when assumptions are made about an individual’s abilities, interests, or motivations based on their protected characteristics. This can manifest in various ways, such as:

  • Assigning certain tasks or responsibilities to employees based on gender stereotypes.
  • Making assumptions about an employee’s commitment to their job based on their age, race, or family status.
  • Believing that employees with disabilities are unable to perform certain tasks without exploring reasonable accommodations.

Recognizing stereotyping involves challenging assumptions and ensuring that workplace decisions are based on individual abilities and qualifications rather than stereotypes. This can be hard to differentiate from discrimination, but a lawyer can point you in the right direction here.


Microaggressions are subtle, often unintentional, discriminatory comments or actions that can negatively impact individuals from protected groups. Examples of microaggressions include:

  • Backhanded compliments that highlight perceived differences, such as “You’re so articulate for someone your age.”
  • Ignoring or interrupting employees from protected groups during meetings or conversations.
  • Making assumptions about an employee’s background, such as asking where they are “really from.”

Recognizing microaggressions requires paying close attention to the subtle dynamics of workplace interactions and addressing any behaviors that may contribute to an unwelcoming environment for employees from protected groups. Microaggressions can be difficult to prove, so it is best to point them out to a supervisor as soon as you notice them.

Implicit Bias

Implicit bias refers to unconscious attitudes or beliefs that can influence an individual’s actions and decisions in ways that discriminate against protected groups. Implicit bias can manifest in various ways, such as:

  • Giving preferential treatment to job applicants or employees who share the same background or characteristics as the decision-maker.
  • Overlooking the accomplishments or qualifications of employees from protected groups when making promotion or recognition decisions.
  • Evaluating employees from protected groups more harshly or critically than their peers.

Recognizing implicit bias involves acknowledging and addressing the unconscious biases that may impact workplace decisions and interactions; impact bias can be huge in companies where higher ups bring on their friends and family to work.

Recognizing discrimination in the workplace is essential for fostering an inclusive, diverse, and equitable work environment. By being vigilant for disparate treatment, discriminatory comments, stereotyping, microaggressions, and implicit bias, employers and employees can work together to address and eliminate discriminatory practices. Encouraging open communication, providing education and training on diversity and inclusion, and promoting a culture of respect and understanding are key steps towards creating a workplace that is free from discrimination. If you believe you are suffering from discrimination at work, contact a lawyer near you for help.