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8 Workplace Discrimination Myths
Workplace discrimination is a sensitive subject, and many of those affected by it choose to stay silent about their experiences due to fear of retaliation or other negative consequences of speaking up. Reluctance to discuss the matter breeds a culture of silence, which, in turn, leads to the proliferation of myths, misunderstandings, and half-truths concerning workplace anti-discrimination law. Those myths can have real-world consequences, including discouraging the victims of discrimination from pursuing meritorious claims due to ignorance of their rights. Both employers and employees should know the facts about anti-discrimination law, and a Richmond employment lawyer can help.
1. All Forms of Discrimination, Harassment, and Bullying Are Illegal
Employment anti-discrimination laws are broad and cover a wide range of protected characteristics. Federal anti-discrimination law applies to race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, and genetic information. However, in order for discrimination, harassment, or bullying to be illegal under federal law, the behavior must be based on one of those legally protected characteristics. General rudeness, mistreatment, or unpleasantness that is not connected to a legally protectable characteristic generally is not illegal under federal law.
2. Discrimination Is Only Legally Actionable if Your Supervisor Does It
It’s easy to understand why someone might think that only discrimination perpetrated by a supervisor is legally actionable. This type of discrimination can be especially distressing, as the perpetrator is in a position of authority over the target and the target may fear that speaking up could put their job in jeopardy. However, all workplace discrimination is legally actionable (provided that it is based on a legally protected characteristic), regardless of whether it was perpetrated by a supervisor, coworker, customer, or client. Coworker discrimination often comes up in the context of hostile work environment claims, in which the discriminatory behavior is so pervasive that a reasonable person in the target’s position would find the situation to be abusive. For more information about hostile work environment claims, please contact a Richmond employment lawyer.
3. Discrimination Must Be Intentional for Employers to Be Held Liable
Some discrimination is intentional, such as when a person makes a disparaging remark to a coworker (or within the coworker’s earshot) about people of that coworker’s race. However, not all forms of discrimination are so obvious or intentional. For example, consider a situation where an employer requires all new hires to be over a certain weight or height. While that requirement is not discriminatory against a legally protected class on its face, it likely would result in a disproportionate number of men being hired over women. This type of unintentional discrimination is known as “disparate impact” and is also illegal under federal law.
4. Only Women Can Pursue Sexual Harassment Claims
Sexual harassment laws apply to both men and women. In fact, not only do the laws apply to men and women equally, they also apply to sexual harassment committed between two people of the same gender. It is unlawful for men to discriminate against or harass other men and for women to discriminate against or harass other women. According to the Equal Employment Opportunity Commission, 78.2% of sexual harassment charges were filed by women between 2018-2021, indicating that the balance — 21.8% — were filed by men.
5. Your Employer Has to Have a Reason to Fire You
Employers do not need a reason to terminate employees. Virginia is an at-will employment state, which means that employers can hire and fire employees for any reason or no reason. On the flip side, employees are also free to accept jobs or quit them for any reason or no reason. Of course, there are a few exceptions to this rule. Generally, termination is unlawful when:
- It is based on prohibited discrimination
- It is in retaliation for an employee engaging in a protected activity (such as whistleblowing)
- It is a breach of the terms of an employment contract
For more information about exceptions to Virginia’s at-will employment framework, please contact a Richmond employment lawyer.
6. Your Employer Can’t Punish You for Free Speech
As politics permeate more and more of Americans’ daily lives, it’s only natural that they would also seep into the workplace. However, the increasing politicization of the workplace can have consequences, including disciplinary actions and termination. While Americans enjoy broad freedom of speech, that right generally protects citizens only from government action — not private parties, including private employers. Government employees enjoy some freedom of speech in the workplace, but even those rights have limits.
7. You Can’t Sue for Wrongful Termination if You Quit
Wrongful termination occurs when an employer terminates an employee for any unlawful reason, including discrimination. It naturally follows, then, that an employee who quits voluntarily cannot pursue a wrongful termination claim, right? Wrong. Wrongful termination is not always as simple as a boss saying, “You’re fired.” In some cases, it can take the form of constructive termination, a phenomenon in which an employer creates an environment that is so toxic and unbearable that a reasonable employee could not be expected to endure it. So even though the employee has quit, the circumstances that prompted their departure could still give rise to a wrongful termination claim.
8. Age Discrimination Laws Cover Employees of All Ages
Most anti-discrimination laws apply evenly to all persons covered by them. For example, laws prohibiting racial discrimination apply to individuals of all races, while laws prohibiting gender discrimination apply to both men and women. However, that is not the case with age discrimination, where both federal and Virginia age discrimination laws apply only to individuals aged 40 and older.
Get the Facts From a Richmond Employment Lawyer
Ignorance or misunderstanding of workplace anti-discrimination laws can have dire consequences for both employers and employees. The best way to ensure you do not run afoul of them (or inadvertently forfeit a legal claim under them) is to seek the counsel of an experienced attorney. To get started, please contact a Richmond employment lawyer at Pierce / Jewett by calling 804-502-2320 or using our online contact form.