Employees receive protection from discrimination and retaliation. For some, it might be easy to confuse the two, especially because they both revolve around unfair treatment in the workplace, but they are distinct legal terms. By learning how to differentiate them, employees can file more accurate reports to the relevant authorities and potentially receive financial compensation.
What are the major differences between discrimination and retaliation?
Discrimination occurs when an employer treats an employee or an applicant unfavorably due to features under the protection of the Equal Employment Opportunity Commission (EEOC). Such characteristics include a person’s age, sex, pregnancy, sexual orientation or gender identity. Other traits that receive protection from the law include race, national origin, religion and disabilities. Common examples of discrimination an employee might face include:
- Receiving less pay than their peers because of their age
- Exclusion from get-togethers and social gatherings outside of work due to their race
- Facing harsh performance evaluations and receiving more severe punishments because of their sex
- Being made fun of or receiving hurtful nicknames due to a disability of theirs
On the other hand, retaliation occurs when an employer punishes or takes revenge on an employee for reporting discrimination or harassment. Instances of retaliation an employee could face include:
- Losing career opportunities, such as promotions or extra training sessions after reporting an employer’s illegal activities
- Having their working hours reduced or their salary cut after refusing to do something illegal under their employer’s orders
- Facing wrongful termination after speaking out about discrimination in the workplace, with their employer citing reasons such as a “lack of a cultural fit” or a “bad attitude.”
- Having to deal with more micromanagement and scrutiny after filing a complaint about their employer
What differentiates retaliation and discrimination is the motive behind a person’s actions. Retaliation often occurs as a means to punish or make examples out of people who challenge the status quo, preventing people from taking action against unfair treatment and unlawful behavior in the workplace. On the other hand, discrimination is a form of prejudice against traits under the protection of state and federal law.
What happens if there is discrimination in the workplace?
If an employer discriminates against their employees, it is important to obtain proof. This typically includes documents containing explicit statements or emails, as well as reports including the dates, locations and details of relevant incidents. Witnesses can also testify and support any claims.
If a victim of discrimination gathers enough proof, they can file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). Reporting cases of unfair treatment is necessary to prevent unlawful activity in the workplace.