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Unit IV

Lesson 3: Discrimination

Introduction

Anti-discrimination laws are applicable whether people are in a social or business situation. The

owner of a restaurant, for example, must be aware of laws regarding public accommodations.

This lesson refers mostly to the communication that occurs in employment situations rather than

customer-client interactions.

Every business owner and employee must be aware of what discrimination is and how it affects

them and their work on a daily basis. Some businesses have suffered heavy losses, and some

employees have been fired because of their disregard for these discrimination laws. As discussed

in previous units, effective communication between employer and employees could have easily

prevented most of these issues.

Many hold prejudices about people because of their race, color, sex, religion, and so on, but

when action is taken to demonstrate those prejudices, that action is called discrimination. For

example, name-calling or inappropriate jokes aimed at a person because he or she is handicapped

is discriminatory.

It is illegal by law for the federal government to discriminate against any employee or applicant

for employment because of that employee’s race, color, sex, religion, national origin, age,

handicapping position, marital status, or political affiliation. Federal law also makes it illegal for

the government to punish an employee in any way for exposing the illegal activities of their

employer. This is known as whistleblower protection (American Federation of Labor and

Congress of Industrial Organizations [AFLCIO], n.d., para. 8)

In addition to federal laws, many states have enacted anti-discrimination laws that mirror the

federal laws or, in some cases, even go beyond them. For example, some states have very

specific laws dealing with sexual orientation and transgender people.

Types of Discrimination

There are several laws against discrimination when making employment decisions, including the

following areas: age, disability, national origin, pregnancy, race/color, religion, retaliation, sex,

sexual harassment, equal pay/compensation, genetic information. Acts of discrimination can be

communicated through both hiring practices and harassing behaviors.

Hiring practices: Those involved in the process of hiring employees must choose questions

carefully when interviewing applicants for positions within the organization. There are several

questions that must never be asked in an interview. For example, no one can ask the applicant if

he or she has children. The U.S. Equal Employment Opportunity Commission (EEOC) states that

asking such questions is discriminatory (EEOC, n.d.-b).

The following questions represent those that should never be asked during the interview process.

 Are you pregnant?

 What is your marital status?

 How many children do you have?

 Do you have childcare arrangements? What do those look like?

 Is your spouse employed?

 What is your spouse’s name (EEOC, n.d.-b)?

Applicants are sometimes afraid that not answering a question, even when they are aware that the

question is illegal, will mean they forfeit the job. There are, however, ways to get around such

situations. For example, if a job applicant is asked whether or not he or she has children, an

excellent reply might be “Is it important to have children to do the job?”

At the same time, never open the door to illegal questions at any point during an interview. If

asked to tell the interviewer something about yourself, always stay away from personal issues.

Sometimes an interviewer will use this question realizing a naïve interviewee will launch into

personal things that could never be asked by the interviewer, but nothing prevents listening to the

responses if the interviewee spontaneously offers up the information. Always let the interviewer

know why you are well suited for the position. Once you mention that you have a husband and

children, you can then legally be asked about them, and the questions will be legal because you

initiated the topic.

Harassing Behaviors

Age: It is illegal for an employer to treat you differently because of your age. If you are 40 or

older, the Age Discrimination in Employment Act (ADEA) protects you. Several states have

specific laws that protect younger employees as well.

Employers must not treat employees differently based on age. If an employer asks an employee

to take over a project because she is 35, the employer may well be guilty of discrimination. An

employee should be given a project or assignment because ability, not age.

Disability: “Disability discrimination occurs when an employer or other entity covered by the

Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a

qualified individual with a disability who is an employee or applicant unfavorably because she

has a disability” (EEOC, n.d.-a, para. 1).

According to the law, employers must provide reasonable accommodation for people with

disabilities. According to the EEOC, the law also protects people who are related to someone

who has a disability.

Everyone who works for the federal government is covered by the Rehabilitation Act of 1973

instead of the Americans with Disabilities Act.

Race/color: It is illegal for employers to discriminate against anyone because of his or her race

or skin color. An employee can file a lawsuit against an employer because of illegal practices

relating to hiring, firing, layoffs, promotions, and other circumstances relating to employment if

those practices are in any way racially motivated.

Making inappropriate jokes about someone based on his or her race is not only destructive

interpersonal communication, it is also flagrantly illegal. A Korean family that immigrates might

be called racist names and bullied; however, this type of harassment is discriminatory, illegal,

and should be punished.

When we understand the laws regarding discrimination, we can protect ourselves and our

businesses in the workplace. At work, we should never discriminate against others, and we must

equally be aware when we are singled out and deprived of any of our rights. Employees must

communicate with their supervisors and HR departments whenever they believe they are

subjected to any of these abuses.

Employers must communicate their concerns to their employees by holding training courses at

least once a year to ensure everyone is familiar with these critical issues.

Check for Understanding

(Answer Key is found below Review.)

1. Which one of the following is NOT a category protected by anti-discrimination laws? a. Sex b. Religion c. Hair color d. Age

2. Acts of discrimination can be communicated only through hiring practices. a. True b. False

3. In an interview, the person giving the interview is free to ask any question that he or she might be interested in.

a. True b. False

4. If an interviewer asks a leading question, such as, “Tell us something about yourself,” and you launch into aspects of your family life and other areas that the interviewer is

prohibited from asking about, the interviewer is protected by law.

a. True b. False

5. Which of the following would not normally be classified as a disability? a. Rheumatoid arthritis b. Blindness c. Autism d. Halitosis

Review

1. Discrimination laws to consider when hiring new employees include age, disability, national origin, pregnancy, race/color, religion, retaliation, sex, sexual harassment, equal

pay/compensation, and genetic information.

2. The U.S. Equal Employment Opportunity Commission states that asking certain questions is discriminatory.

3. Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended,

treats a qualified individual with a disability who is an employee or applicant unfavorably

because he or she has a disability.

Answer Key

1. C - Unless the hair color bias can be interpreted as age discrimination, it is not one of the normal categories of discrimination.

2. B - Hiring practices is but one area of discrimination. 3. B – False. A person giving an interview is forbidden by law to ask any questions

pertaining to family, sexual orientation, religion, spouse, or significant other.

4. A – True. If an interviewee volunteers any protected information on his or her own and the interviewee has not asked any discriminatory questions, the interviewer is, in fact,

protected by law.

5. D - Halitosis is bad breath, and the condition is not a disability but, in most cases, an issue of personal hygiene.

References

American Federation of Labor and Congress of Industrial Organizations. (n.d.). Terminated or

laid off the job. Retrieved from http://www.aflcio.org/Issues/Civil-and-Workplace-

Rights/Your-Rights-at-Work/Terminated-or-Laid-Off-the-Job

U. S. Equal Employment Opportunity Commission. (n.d.-a). Disability discrimination. Retrieved

from http://www.eeoc.gov/laws/types/disability.cfm

U.S. Equal Employment Opportunity Commission. (n.d.-b). Pre-employment inquiries and

marital status or number of children. Retrieved from

http://www.eeoc.gov/laws/practices/inquiries_marital_status.cfm