5 Types Of Discrimination In The Workplace

Discrimination can bring up a number of feelings that can be difficult to navigate, but when it occurs in the workplace, it can leave you feeling powerless.

Put simply, discrimination in the workplace is ‘unjust treatment of people, based on certain prejudices’. 

Whilst employers must take all steps to protect their employees from discrimination, it still happens. 

If you suspect that you’ve experienced discrimination in the workplace, it’s important to seek legal advice to determine the next best steps. 

Types of discrimination in the workplace include, but are not limited to:

1. Disability discrimination 
2. Age discrimination 
3. National origin 
4. Pregnancy discrimination
5. Sexual orientation  

1. Disability Discrimination 

With ‘4.8 million disabled people in employment in the UK in quarter 1 [of] 2022’, 

employers should be making ‘reasonable adjustments to help disabled employees and job applicants’.

This can range from helping disabled individuals with application forms to providing training opportunities.

If you have a disability, it’s important to recognise that you have the same rights as other workers.

For instance, someone being treated unfavourably for a mental health condition would fall under disability discrimination.

That said, there are circumstances where it might not be unlawful for an employer to make a decision based on someone’s disability.

Due to the complex nature of the law, and as each situation is unique, it’s best to seek legal advice on the best course of action if you suspect you’ve experienced disability discrimination.  

2. Age Discrimination 

A type of discrimination to be mindful of in the workplace is age discrimination, also referred to as ageism. 

This type of discrimination arises when an individual is treated unfairly or unfavourably for reasons relating to their age. 

For instance, when it comes to employers putting out job advertisements, they cannot include age limits within the advertisement. Additionally, it’s advised that they don’t target people of specific age groups, such as ‘recent graduates’.

Although the Equality Act 2010 protects workers from age discrimination, there is an exception, as employers can make a decision ‘based on age if they can show that it is objectively justified and proportionate’. 

However, this doesn’t automatically mean that employers have the freedom to discriminate against older employees, so seek professional advice if you suspect you’ve experienced ageism. 

3. National Origin 

Another type of discrimination in the workplace is national origin discrimination. 

National origin refers to a person’s ‘connection to a country or nation through birth’. For instance, perhaps you were born in Jamaica, but you’ve since become a British citizen. While your nationality in this circumstance would be British, your national origins remain Jamaican.  

Examples of this type of discrimination can include anything from ethnic slurs to harassment in the workplace due to linguistic characteristics, such as someone’s accent. 

Whatever the situation you’re facing, seeking legal advice surrounding national origin discrimination can provide you with support and peace of mind. 

4. Pregnancy Discrimination

For many people, starting a family is a life-long dream, regardless of the career they’re in. 

That said, aside from other career considerations, the prospect of starting a family can also be thwarted by the fears surrounding pregnancy and maternity discrimination. 

Under the Pregnancy Discrimination Act, discrimination regarding pregnancy, childbirth or any other medical conditions related to pregnancy is unlawful.

In addition to this, it’s important to note that all employees have the right to take maternity leave.

If you’ve experienced pregnancy discrimination in the workplace, you could be entitled to a discrimination claim. 

5. Sexual Orientation  

Last, but not least, a type of discrimination in the workplace is sexual orientation discrimination or LGBTQ+ workplace discrimination. 

Employers cannot discriminate against employees because of their sexual orientation, such as because they’re gay, lesbian, bisexual, or heterosexual.

Additionally, it’s unlawful for someone to be discriminated against because someone else perceives them to be of a certain sexual orientation. This is known as discrimination by perception. 

For instance, say you were heterosexual, but weren’t offered a job in a female-only gym because someone suspected you were a lesbian and believed you’d make gym-goers uncomfortable. In this circumstance, this would be sexual orientation discrimination by perception. 

How We Can Help

At Harding Evans, our expert team of solicitors cover all areas of employment law.

If you suspect that you or a loved one have experienced discrimination in the workplace, you might be eligible to make a discrimination claim.

Be sure to get in touch with a member of our team today to find out the best course of action for your case.