Q. "What exactly is discrimination in the workplace, and how can we avoid it?"
Answer:
Discrimination occurs when people are treated differently or less favorably. In an employment setting, it becomes illegal when it's directed at a person belonging to a protected group. Understanding discrimination is crucial for every ministry to ensure a fair and lawful workplace.
Under federal law, it's illegal for an employer to discriminate against an applicant or employee based on age (40 or older), disability, genetic information, national origin, race or color, religion, and sex (including pregnancy, gender identity, and sexual orientation). These are known as protected classes.
Federal law also prohibits discrimination against individuals who complain about discrimination, file a charge, or participate in an investigation or lawsuit. State laws may offer additional protections.
Unlawful discrimination generally falls into several categories:
Unfair Treatment - When someone is treated differently due to a protected class or conduct.
Disparate Impact - When a neutral policy disproportionately affects a protected class.
Failing to Act - Such as not reasonably accommodating a known disability.
Harassment - Unwelcome conduct based on a protected class, including sexual harassment, which becomes unlawful if enduring it is a condition of employment, or if it creates an intimidating, hostile, or abusive work environment.
Retaliation - Punishing an employee for complaining about discrimination or assisting in a related proceeding.
It's important to remember that discrimination doesn't have to be deliberate to be unlawful. The best way to avoid it is to base employment decisions only on factors that are job-related. If your ministry receives a complaint, conduct a complete, fair, and well-documented investigation.