Understanding Workplace Discrimination: What It Is

Workplace discrimination occurs when an employee or job applicant is treated unfairly due to factors unrelated to their job performance and that are specifically protected under the law. It can take many forms, including hiring biases, wage disparities, harassment, and wrongful termination. Understanding what constitutes workplace discrimination is crucial for both employees and employers.

Types of Workplace Discrimination

Discrimination in the workplace can manifest in various ways, including:

Hiring and Promotion Discrimination – When candidates are overlooked for a position or promotion due to characteristics protected by law, such as race, gender, or disability.
Pay Inequality – When employees performing the same work are paid differently due to a legally protected characteristic rather than their skills or experience.
Harassment – Includes verbal or physical conduct that creates a hostile work environment, such as inappropriate comments, bullying, or unwanted advances, based on a protected class.
Retaliation – When an employee is punished for reporting discrimination or participating in an investigation regarding discrimination.
Unfair Job Assignments – When employees are given undesirable tasks or excluded from opportunities due to a protected characteristic.
Wrongful Termination – When an employee is fired due to their membership in a protected class rather than their job performance.

Does Workplace Discrimination Have to Be Based on a Protected Class?

Yes, legally actionable workplace discrimination must be based on a protected class as defined by laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. While unfair treatment, favoritism, or arbitrary decisions may create a negative work environment, they are not considered unlawful discrimination unless they specifically target a protected characteristic. However, such behaviors can still impact workplace culture and morale, and employers should work to ensure fairness and transparency in all employment decisions.

Washington State Workplace Discrimination Laws

In addition to federal protections, Washington State law provides strong protections against workplace discrimination under the Washington Law Against Discrimination (WLAD) (RCW 49.60). This law prohibits discrimination based on race, creed, color, national origin, sex, pregnancy, sexual orientation, gender identity, disability, age (40 and over), marital status, veteran or military status, and the use of a service animal by a person with a disability. WLAD applies to employers with eight or more employees and offers protections beyond federal law in some cases.

Washington also has additional protections for workers, including:

Stronger protections for pregnant workers – Employers must provide reasonable accommodations, such as more frequent restroom breaks and limits on lifting.
Broader sexual harassment protections – Washington law covers independent contractors and domestic workers in addition to employees.
Ban on salary history inquiries – Employers cannot ask about salary history during the hiring process to prevent pay discrimination.

Employees in Washington who experience discrimination can file a complaint with the Washington State Human Rights Commission (WSHRC) or the federal Equal Employment Opportunity Commission (EEOC).

Seeking Legal Assistance

Understanding workplace discrimination is the first step toward addressing it. Legal protections focus on discrimination based on protected characteristics, but all employees benefit from a fair and inclusive work environment.

If you believe you have experienced workplace discrimination and need legal guidance, Stockwell Law Firm is here to help. Our team is dedicated to protecting employee rights and ensuring fair treatment in the workplace. Contact us for a consultation to discuss your situation and explore your options.