The workplace should be a space of fairness and respect, but unfortunately, that’s not always the case. Discrimination and harassment are two of the most common legal issues employees deal with. They’re often confused, but they have distinct meanings under employment law.

Understanding the difference can empower employees to recognize violations, take action, and protect their rights. It can also help employers create a safe, compliant workplace culture. So, let’s break it down.

What is Discrimination?

Discrimination occurs when an employer makes an unfair decision based on an employee’s protected characteristics rather than their skills or qualifications. This can affect hiring, promotions, pay, job assignments, layoffs, and other employment conditions.

In 2023, there were 337 workplace harassment cases filed through EEOC in California alone. And it was a 4.4% increase from the previous year. If you’re in California and looking to tackle this problem legally, there are firms like Kingsley Szamet Employment Lawyers available to help you.

Common Types of Discrimination

Federal and state laws protect employees from discrimination based on factors like:

• Race or color
• Age (40 and older)
• Gender or gender identity
• Religion
• National origin
• Disability
• Pregnancy
• Sexual orientation
• Genetic information

For example, if a highly qualified female employee is passed over for a promotion in favor of a less experienced male colleague simply because she is a woman, that could be considered gender discrimination.

Discrimination can be overt, such as an employer explicitly saying, “We don’t hire people of your nationality,” or subtle, like consistently denying promotions to certain groups without explanation. Either way, it’s illegal under laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).

What is Harassment?

Harassment is a form of discrimination, but it involves unwelcome behavior that creates a hostile work environment. Unlike discrimination, which is typically tied to employment decisions, harassment is about conduct—words, actions, or patterns that make the workplace intimidating, offensive, or abusive.

Examples of Workplace Harassment

• Sexual harassment: Unwanted sexual advances, inappropriate jokes, or pressure for dates.
• Verbal harassment: Insults, slurs, or offensive comments about someone’s race, gender, religion, etc.
• Physical harassment: Unwanted physical contact, threats, or intimidation.
• Cyber harassment: Sending harassing emails, messages, or online threats.

Unlike simple workplace conflicts, harassment is persistent, severe, and directed at a protected characteristic. One offensive comment may not rise to the level of illegal harassment, but a repeated pattern of behavior does.

For example, a coworker telling an off-color joke may be inappropriate but not necessarily harassment. However, if those jokes are constant and targeted at a specific individual or group, it could create a hostile work environment.

Key Differences Between Discrimination and Harassment

What to Do If You Experience Discrimination or Harassment

If you believe you’re facing discrimination or harassment at work, don’t ignore it. Here are the steps you can take:

• Document everything – Keep a record of incidents, including dates, times, locations, and witnesses.
• Report the issue internally – Many companies have HR policies in place to handle discrimination and harassment claims.
• File a complaint with the EEOC – If internal reporting doesn’t resolve the issue, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state agency.
• Seek Legal Advice – An experienced employment lawyer can guide you on the best course of action.

Employers should also take discrimination and harassment seriously. They must enforce policies, provide training, and take immediate action to prevent and address any workplace violations.

Final Thoughts

While discrimination and harassment are related, they are distinct legal issues. These wrongdoings should be treated as legal issues rather than being tolerated. If you’re facing either, don’t get intimidated.

The legal help is always there. Just stay composed and report the issue internally. If nothing works, document everything and go ahead with the legal support.