Workplace discrimination comes in many forms, from obvious and unwanted physical contact to more subtle behaviors or employment decisions that create a toxic work environment. While any type of discriminatory behavior in the workplace is legally prohibited, it can be more difficult to prove workplace discrimination that is more subtle and insidious. The first step in proving that your rights have been violated is to identify many of the nuanced ways that discrimination can occur. If the behavior you have been subjected to is discriminatory in nature, you may want to consider filing an official discrimination complaint. A highly skilled discrimination lawyer will help you navigate every step of the complaint process, ensure that your legal rights are protected, and pursue the maximum damages to which you are entitled.
What Is Considered Harassment in the Workplace?
Whether a behavior is obvious or subtle, any type of conduct that targets a protected characteristic and is severe or pervasive enough to negatively impact the employment conditions is considered discriminatory or harassing behavior. This includes discriminating against an employee based on the following:
- Race
- Religion
- Sex
- Nation of origin
- Gender identity
- Sexual orientation
- Disability
- Age
- Pregnancy
What Are Common Examples of Subtle Workplace Discrimination?
According to the Equal Employment Opportunity Commission (EEOC), there were 67,000 workplace discrimination charges filed in the United States in 2023 alone, many of which were due to more subtle behaviors, policies, or comments that made employees feel uncomfortable, offended, or undervalued in the workplace. The following are examples of subtle forms of discrimination that you should be aware of:
- Microaggressions. These are subtle, often seemingly harmless behaviors or comments that can make an employee feel demeaned, patronized, or incompetent based on their identity. Examples include the followings:
– Referring to female employees as “Honey” or “Sweetie.”
– Telling a person of color that they are so articulate for someone with their background.
– Criticizing a female who speaks with authority as harsh or aggressive. - Isolation or alienation. This may involve dismissing your ideas or contribution during meetings, perpetuating a culture of exclusion, or avoiding interactions with you. When this behavior continues over time, it can have a negative impact on your mental health and damage your confidence at work.
- Denying an employee’s right to religious leave. According to the EEOC, employers must make reasonable accommodations for employees when it comes to taking religious leave, particularly if it does not negatively impact the workplace. While these cases are more subtle than other forms of discrimination, and often fly under the radar, it may be a sign of religious discrimination if requests for leave are regularly denied.
- Discriminatory promotion decisions. If you notice a pattern of promotions, salary increases, or high-visibility projects going to other, less-qualified employees, and you suspect this is based on your race, religion, sexuality, or another protected class, this could be a form of subtle discrimination. There are some signs that you can look for to determine whether your employer’s actions are discriminatory. For example, if your employer consistently lays off women, minorities, or employees who are part of a protected class, this could be an indication that your employer is discriminating against certain employees.
- Assigning work roles based on gender. Even if the demographics of a company show that there are a comparable number of male and female workers, it is important to consider the positions, salaries, and responsibilities they each have. For example, if there are significantly fewer females in executive and managerial positions, or women are expected to perform clerical duties that would not be expected of a man, this a subtle form of gender discrimination.
- Criticizing and micromanaging. When employers refuse to acknowledge quality work, or trust that an employee will perform the job successfully, simply because of their race, gender, sexuality, disability, or other protected characteristic, this is a form of subtle workplace discrimination.
- Excluding certain employees from informal networking opportunities. If you are being excluded from important meetings, social events, or other networking opportunities on a regular basis, this can prevent you from being able to develop professional relationships, participate in team decisions, and contribute within the workplace.
- Making offensive or inappropriate comments. Depending on the nature of the comment, this may be considered obvious or subtle. Either way, comments related to someone’s protected class are prohibited in the workplace.
- Poor performance reviews. If you consistently receive less than stellar performance reviews, despite exceeding your job responsibilities, forming positive relationships with colleagues, and going above and beyond to support your team, this is discriminatory if the poor review is based on your gender, race, sexuality, or other protected class.
- Lack of diversity within the company. If the majority of employees at your company are white men, this demonstrates a lack of diversity. Whether intentional or not, this suggests that the company does not prioritize hiring employees from a range of backgrounds.
What Steps Should I Take if I Experienced Subtle Workplace Discrimination?
Subtle discrimination in the workplace can be just as damaging to your career, the work environment, and your mental health as more extreme and obvious forms of discrimination. If you have experienced this type of discrimination from your employer, a supervisor, or a colleague, the following are proactive steps you can take to ensure that your legal rights are protected and that the discriminatory behavior does not continue:
- Document the discriminatory behavior. Due to the nature of subtle discrimination, it is particularly important that you collect as much evidence as possible. Oftentimes, subtle discrimination involves a pattern of behavior that occurs over time. Examples of effective evidence include dates, times, and locations of the behavior, a detailed description of the discriminatory actions, copies of emails, text messages, and other written communications. In addition, if there were witnesses who observed your supervisor make offensive, racist, or harassing comments to you or about you, ask if they would be willing to provide a statement. Another way to prove a pattern of subtle discrimination is to demonstrate how you were treated by your employer compared to other employees in similar roles with similar qualifications. If you were the only one who was passed over for promotions, salary increases, or other career opportunities due to your race, gender, religion, or other protected class, this evidence can help support your claim.
- Review your employer’s policies and procedures. Most companies have policies in place that address the types of discriminatory behaviors that are prohibited in the workplace, and the steps employees can take if they have been discriminated against by their employer, supervisor, or colleague. If you have experienced subtle discrimination, thoroughly review your company’s policies so that you know how to approach the situation internally before filing a complaint with a state or federal agency, if that becomes necessary.
- Report the behavior to your supervisor or Human Resources. Discuss the subtle discrimination you have experienced with a Human Resources professional, or your supervisor if you feel comfortable doing so. This will give your employer the opportunity to address the issue, and demonstrate that you took steps to resolve the problem internally before filing an official complaint.
- Understand the laws that protect your rights. The EEOC and the Pennsylvania Human Relations Commission (PHRC) prohibit all discriminatory behavior based on a protected class. Your discrimination lawyer will explain these laws, the protections they provide, and assist you with the process of filing a complaint.
- File a complaint. If you are unable to resolve the issue internally, and the discriminatory behavior continues, you can file a complaint with the EEOC or the PHRC. If the EEOC or PHRC decides to proceed with your claim, they will file a lawsuit against your employer and work with you during the legal proceedings. If the agency decides not to pursue a lawsuit against your employer on your behalf, they will send you a “Right-to-Sue” letter, which allows you to file a claim in federal or state court.
- Seek legal counsel from an experienced discrimination lawyer. It is highly recommended that you consult with an experienced discrimination lawyer if you have experienced subtle discrimination in the workplace, and you intend to file an official complaint. A dedicated lawyer will thoroughly evaluate the details of your case, ensure that you have the evidence necessary to prove your claim, and help you navigate the complaint process with the EEOC or the PHRC. If your case goes to court, a discrimination lawyer will represent you in the legal proceedings and negotiate the best possible settlement outcome.
Our Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Represent Clients Who Have Experienced Subtle Discrimination at Work
If you have been discriminated against in the workplace, do not hesitate to contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. Whether the discriminatory behavior was obvious or subtle, it is illegal to discriminate against an employee due to a protected characteristic. Our highly skilled legal team will assist you with every step of the complaint process, address any questions or concerns you may have, and pursue the maximum financial compensation you deserve. To schedule a free consultation, call today at 215-569-1999 or contact us online. With office locations in Philadelphia, Pennsylvania and Pennsauken, New Jersey, we proudly serve clients in the surrounding areas.
