The Most Common Types of Discrimination in the Workplace

Understanding the most common types of discrimination is crucial for fostering a respectful and inclusive workplace. This blog explores the key types of discrimination, so you can identify it if you or the people around you experience it. It also features explanations of race, age, and disability discrimination as these are the most common types. Read on to find out more.

What is discrimination?

According to the Equality Act 2010, it is against the law to discriminate against anyone based on these ‘protected characteristics’:

• age
• gender reassignment
• being married or in a civil partnership
• being pregnant or on maternity leave
• disability
• race including colour, nationality, ethnic or national origin
• religion or belief
• sex
• sexual orientation

This applies whilst in the workplace, on public transport, in education, and many more circumstances which you can find here. It can be a one-time offence or regular behaviour – it’s still discrimination.

Less favourable treatment to people because of these characteristics can put them at a disadvantage and cause physical and emotional issues for that person. These disadvantages may look like:

• Being excluded from a job opportunity
• Someone making your job harder to do
• Paying a worker less than another without good reason

Types of discrimination in the workplace

Different types of discrimination are actioned in a range of ways. The pattern they all follow is that they act against individuals based on their ‘protected characteristics’. Here are some examples of how you can experience discrimination:

Direct Discrimination – Treating someone less favourably specifically because of a protected characteristic. For example, a qualified job candidate is not hired because you assume they will soon become pregnant.

Indirect Discrimination – When everyone is treated equally, but the approach disproportionately disadvantages individuals with protected characteristics.

Harassment – Unwanted or offensive behaviour that creates a hostile environment.

Victimisation – Treating someone unfairly because they have made or supported a complaint regarding previous discrimination.

Alongside this, discrimination targets various qualities. This next section will outline these different types of discrimination, from race and disability to mental health and age, while highlighting what type of discrimination it is according to the above criteria.

Race discrimination in the workplace

What does race refer to?

According to the Equality Act 2010, race refers to colour, nationality, and ethnic or national origins. People must not be unfairly discriminated against because of these aspects.

Colour refers to skin colour.

Nationality relates to someone’s current nationality or citizenship, which can change as their nationality might not be the same as where they were born.

Ethnic origin is defined by the ethnic group they belong to. An ethnic group is a group of people with a shared history, language, culture, or religion, such as Jewish people or Irish Travellers.

National origin means where someone was born or where their parents are from.

What is race discrimination?

Race discrimination includes all of the above factors. Someone could be discriminated against because of their colour, nationality, and national origin, even though they are different from one another.

Direct race discrimination

Direct race discrimination involves treating someone differently to others, because of their racial characteristics. For instance, an employer refuses to appoint you because their ‘customers would not approve’. This is a clear, direct rejection of a person because of their race.

Indirect race discrimination

An example would be a company banning the allowance of headscarves or insisting on a specific dress that does not accommodate religious or cultural dress. Another would be an employer who only hires individuals if they have UK qualifications.

Victimisation

If you speak up about race discrimination, you should not be victimised because of it. You have a right to stand up for your rights and unlawful behaviour against you.

Situations where it is not discriminatory

In some situations, employers require employees to be of a particular race, such as for language purposes or individuals who have had similar experiences to the people they are working with. This is called an occupational requirement and it is not discrimination.

Disability discrimination in the workplace

What is disability discrimination?

Discrimination against a disability refers to when someone puts you at a disadvantage, or treats you less favourably, because of your condition or impairment. It also includes failing to make reasonable adjustments to accommodate disabilities and impairments.

Direct disability discrimination

An example would be if your company goes on a work trip but don’t invite you because they expect it to be too difficult for you to get there and for the event to accommodate you. They would be directly failing to accommodate to your needs and make reasonable adjustments.

Indirect disability discrimination

Indirect discrimination involves the work environment not having disability-friendly services, such as lifts, ramps, and easy access to the canteen etc.

Victimisation

Informing your senior of discrimination is important. If you are treated differently afterwards, this is victimisation and is another form of discrimination.

Age discrimination in the workplace

What is age discrimination?

Ageism is when you are treated differently because of your age, no matter how old or young you are.

Direct age discrimination

Direct discrimination could be if your employer refuses to promote you because you are ‘too old’ and you will be retiring soon. Another example is that an interviewee is rejected because they are 25 years old and their age doesn’t reflect the rest of the company’s experience.

Indirect age discrimination

A job description may ask for ‘ten years’ experience’ but this automatically disadvantages younger people because they will not have this level of experience.

Victimisation

If you experience age discrimination at work and make a formal complaint, an employer could pass over you when considering promotions. This would be unlawful because their reasoning would be unfair.

Mental health discrimination in the workplace

What is discrimination against mental health?

Discrimination against mental health refers to circumstances where someone is treated less favourably than others because they suffer from a mental health condition.

The law safeguards this characteristic when it qualifies as a disability, meaning it is considered discrimination if an individual is treated unfairly or denied reasonable accommodations due to their disability.

An example of this would be if a colleague with depression is refused a promotion, but those without depression are granted it.

If you’re unsure what to do when you experience discrimination, you can find out in our latest blog: What Is Discrimination and Harassment in the Workplace and How Do You Stop It?.

 

How Trusted HR Can Help

If you want to ensure your business has a deep understanding and awareness of what discrimination is and how to handle it, Trusted HR is here to help. Whether it’s an HR or legal issue, problem or project, our team of professional HR consultants can assist you.

Whether you need short, medium or long-term support, our service is the ideal solution. We provide valuable, professional consultancy to a range of organisations across the UK.

We can help with:

• Employee Contracts and Handbooks
• Change Management
• Organisation Design and Development
• Employee Wellbeing
• Absence and Performance Management
• Conflict Resolution
• Managing Conduct
• Management and Leadership Development

Request a consultation to learn more about how our consultancy service can help your organisation succeed. Trusted HR offers a free, 45-minute, no-obligation consultation on any HR issue to help you get started.