What is the Difference Between Workplace Discrimination and Harassment?

The terms “discrimination” and “harassment” are often confused when it comes to employment matters. Although these forms of workplace misconduct are related, they are two distinct claims with different elements. While both claims apply to employees who are members of a protected class, discrimination involves unfair treatment — and harassment concerns conduct that creates a hostile working environment. If you are an employer, it’s important to have a lawyer for harassment and discrimination by your side to help ensure your workplace policies are compliant with California and federal law.

What is Workplace Discrimination?

Workplace discrimination occurs when an employer treats an employee unfairly or differently from other employees because of their protected characteristics. Unfavorable treatment can include unequal pay, demotion, denial of training opportunities or promotion, assigning undesirable tasks, or termination based on reasons other than work performance. Discrimination can be intentional or unintentional and is prohibited at all aspects of employment, from the hiring process to training, the issuance of assignments, and termination.

Under both federal and California law, protected characteristics include the following:

• Race, color, national origin, and ancestry
• Religion
• Sex, gender, gender identity, and sexual orientation
• Marital status
• Medical conditions and genetic information
• Military or veteran status
  Mental or physical disability
• Pregnancy
• Age (over 40)

Employees are also protected from discrimination if they have requested family care leave or leave for their own serious health condition. In addition, an employee may not be subjected to retaliation for reporting discrimination in the workplace. This means that an employer may not take any adverse employment actions against an employee for making a complaint in connection with the discriminatory conduct of a co-worker or supervisor.

What is Workplace Harassment?

Closely related to workplace discrimination, harassment is defined as unwelcome conduct based on an employee’s protected characteristics that creates a hostile work environment. A wide range of conduct can constitute workplace harassment, including offensive jokes, name-calling, use of slurs, offensive emails, unwanted touching, displaying vulgar images, and making derogatory comments. Notably, one instance of harassment usually isn’t enough to give rise to a claim — the conduct must be so severe or pervasive that a reasonable person would believe it is hostile or offensive.

Importantly, employers have a responsibility to ensure a safe work environment and address all harassment complaints promptly. Just as an employer must take corrective action in cases involving discrimination, it’s crucial to take the necessary disciplinary measures against the employee who perpetrated the harassment.

Training should be provided to all employees to help ensure they are educated about appropriate behavior in the workplace. Additionally, support and resources should be provided to the complainant to help them cope with the situation. A lawyer for harassment and discrimination can work with you to develop proper procedures to address these matters.

How Can You Protect Your Company from Discrimination and Harassment Claims?

Discrimination and harassment are two common claims employers face and must defend against. These types of claims can not only harm an employer’s reputation, but also the company’s bottom line. A lawyer for harassment and discrimination can help develop a solid defense strategy based on the facts and circumstances of the case.

If you receive any complaints about discrimination or harassment at your company, it’s vital to take action immediately. To mitigate risk, conduct a thorough investigation and take the necessary remedial measures to ensure similar incidents do not occur again. This demonstrates a commitment to creating a respectful working environment. Your investigation may include reviewing communications, interviewing witnesses, and evaluating any evidence the complainant presents. Be sure to document your findings and keep detailed records in the event you may need to defend against a lawsuit.

Critically, it’s best to have established policies and procedures in place to prevent discrimination and harassment claims from arising in the first place. A company should implement clear anti-discrimination and anti-harassment policies, as well as a transparent complaint process — and ensure these policies are enforced. Regular training should be provided to all employees and management so they have the tools they need to identify this type of wrongful conduct and know how to report it. Employees and management should also be made aware of the disciplinary actions that may be taken against them if they engage in discriminatory or harassing behavior.

Contact an Experienced California Employment Attorney

It’s essential for employers to fully understand the workplace discrimination and harassment laws — and implement policies to promote a fair working environment. The lawyers for harassment and discrimination at White & Bright, LLP work closely with employers regarding a broad scope of employment matters, including those involving discrimination and harassment. We welcome you to contact us online or call us at (760) 747-3200 to learn more about our legal services.