Discrimination in the Workplace:
An Organizational Approach

By Tiffany M. Bludau

Information on this page is provided by IPMA-HR

Discrimination is still a big problem in the workplace although numerous laws and acts have been passed to help alleviate these problems over time. While many organizations support diversity, and overt discrimination is socially frowned upon, the EEOC reported over 75,000 discrimination charges filed during the past fiscal year. Today, discrimination continues in ways that still damage but in more subtle and complex forms. While it is the job of HR professionals to help their organization abide by various state and federal rules and regulations, HR professionals should also be concerned with what the organization is doing as a whole to prevent discrimination from occurring. In an unwelcome and closed environment, all employees suffer. This article discusses different forms of discrimination, what things must be considered when trying to keep an organization free from discrimination, and how by taking a more organizational approach, the entire organization can benefit.

Federal law prohibits discrimination based on race, color, religion, national origin, sex, or veterans' status under Title VI and VII of the Civil Rights Act of 1964. This law forbids discrimination in hiring, firing, and other terms and conditions of employment on the basis of the above protected groups. Discrimination based on age is prohibited by the federal Age Discrimination in Employment Act of 1967 (ADEA). The ADEA protects individuals who are 40 years of age or older from employment discrimination based on age, and this protection applies both to employees and job applicants.

Discrimination based on disability is prohibited by the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973. Title I of the ADA prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other privileges of employment. These laws apply to individuals with a disability, defined as a person who has: a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such impairment. A qualified employee or applicant with a disability must be able to perform the essential functions of the job in question with or without a reasonable accommodation. These accommodations, surprisingly, require little investment on the part of the employer. Often times, job restructuring, modified work schedules, and minor equipment purchases help the individual with a disability do their job. More information on hiring individuals with disabilities and accommodations can be found at http://www.earnworks.com/.

When an individual is denied equal treatment or opportunities due to being a member of the above mentioned groups, he or she is being discriminated against by definition under federal law. While the above groups are protected under federal law, there are also non-protected groups that HR professionals must consider. Currently, seventeen states and the District of Columbia have laws protecting gay and lesbian employees from discrimination. Another stigmatized group is overweight and obese individuals. There are no laws protecting this group, and studies show that overweight individuals often receive less pay and are more likely to be discriminated against in all points of their career (selection, training, promotion, etc). Currently, only the state of Michigan and three cities (Washington, D.C.; Santa Cruz, Calif.; and San Francisco) have laws prohibiting discrimination based on weight. Even though these groups are unprotected, they are important to consider. Organizations must fully embrace all forms of diversity and create a culture of inclusiveness, as discussed below.

With the above in mind, while legally there exists a definition of discrimination, it is important to understand how discrimination can still occur at the perceptual level. A target may feel discriminated against even though he or she may not have experienced discrimination according to the legal definition. This is especially true for members of unprotected groups. If one experiences discrimination, he or she may exhibit effects of that injustice. People who are discriminated against often must find ways to cope with their experiences through various stress management and coping techniques. Discriminated parties often have lower job satisfaction and organizational commitment, and may be more likely to exhibit stress and withdraw from the organization. All too often, unfortunately, practitioners focus on legal guidelines and disparate treatment regarding salaries, hiring practices, and promotion. It is also important to understand the individual. Therefore, it is in a company's best interest to provide an organizational culture that is free from discrimination.

While size of organization, industry, and other organizational factors may limit the opportunities of HR professionals to promote an inclusive culture, there are numerous ways to start. The HR function has a major influence on the extent to which discrimination occurs and also can affect organizational culture. Employees are embedded in the organization, and all employees are affected by its culture. If a company does not promote an inclusive culture open to different forms of diversity, the entire organization suffers. In organizations where employees felt discriminated against, all employees felt lower levels of job satisfaction than employees in organizations with less perceived discrimination.

A strong HR system helps drive organizational culture and is one that makes HR practices public, understandable, acceptable to employees, and uniformly applied across employees and time. Equal employment practices and diversity initiatives implemented within the context of a strong HR system will have a greater impact on the attitudes and behaviors of employees and organizational culture. Some ways that HR departments can help promote a culture of inclusiveness are:

Set goals to reach diversity initiatives -- While quotas are generally illegal and discouraged, HR departments can set goals to increase recruitment of minority groups or encourage new programs in the organization that manage diversity. Goals should be specific and challenging, yet attainable.

Encourage diversity training -- Most organizations that value diversity require managers and higher-level employees to attend diversity training. One goal to set is that everyone in the entire organization should receive some sort of diversity training. There are a number of diversity training programs that are available on the market, although organizations may be more likely to benefit from a specific training tailored to their needs. Training programs are also available for individuals who conduct interviews and grant promotions; these individuals must be knowledgeable in the best ways to rate applicants and employees without allowing biases to affect their judgment.

Identify a "champion" for diversity -- Many organizations have chief diversity officers or formal programs promoting diversity. If this is not possible, it is important to have someone that considers how to manage diversity in the organization, even if this is not a formal job or title. This person should be committed to identifying ways to help increase diversity.

Work on not only adhering to the letter, but the spirit of legislation -- Even if a practice is legal, does it promote equality in the workplace? Keep in mind that even though groups may be unprotected, these groups also matter to your organization, and by allowing prejudices and stereotypes to affect decision-making, organizations miss on the potential of valuable human capital.

Celebrate diversity -- Promote group meetings, mentoring programs, and other opportunities for employees of various groups to meet or connect. Some organizations allow different multi-cultural groups to provide performances during lunch during special cultural holidays. Others set up formal mentoring programs to help disadvantaged group members develop in the organization. By talking to employees, new ideas may develop.

The above are just some of the numerous ways HR departments and professionals can promote diversity in their organization, and in turn, lesson charges of discrimination and felt discrimination. By fully embracing and promoting diversity, organizations are more likely to achieve not only a more diverse workforce, but a better one for all employees. As the workforce continues to become more diverse, adherence to federal and state laws will remain important, but retaining and attracting these more diverse employees will become imperative.

-- Ms. Bludau, M.A., currently is a doctoral student at George Mason University. Her research interests include diversity in the workplace and selection. Specifically, she is interested in women in leadership roles and the experience of individuals with disabilities in the workplace. She currently works in a variety of consulting roles and teaches organizational behavior for undergraduates.