Workplace Discrimination, Harassment, and Bullying Explained

For a small business, company culture matters. Even more importantly, companies have to foster a positive and respectful work environment to protect both employees and the business itself.

To successfully navigate the complexities of workplace behavior, it’s important to understand that discrimination, harassment, and bullying are NOT the same things. Continue reading to learn more, and download our quick-read comparison chart to keep on-hand for teaching opportunities.

Discrimination, Harassment, Bullying: What’s the Difference?

Discrimination, harassment, and bullying are often used interchangeably, but they have distinct differences. Discrimination and harassment have legal implications under anti-discrimination laws like Title VII of the Civil Rights Act of 1964. Bullying, on the other hand, may not necessarily violate these laws but still warrants prompt intervention to maintain the positive workplace culture you’ve worked hard to create.

Discrimination

Discrimination is when someone in a protected class is targeted and treated unfairly. A protected class is a group of people sharing a common characteristic who are legally protected from being discriminated against because of that trait. Protected class characteristics include*:

• Race
• Color
• Religion
• National origin
• Disability
• Veteran status
• Genetic information
• Sex, including:
  • Pregnancy, childbirth, and related medical conditions
  • Sexual orientation
  • Gender identity
• Age (40 and older)

*federal protections only, ask your HR consultant for state-specific protections.

Discrimination can manifest in various forms, including unequal pay, denial of promotions, hiring bias, and other unfavorable treatment around layoffs, benefits, training, or opportunities.

It’s also illegal to discriminate in response to an employee filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding. Discrimination can also include any kind of negative behavior, interference, or threats when an employee exercising their rights regarding disability discrimination or pregnancy accommodation

The U.S. Equal Employment Opportunity Commission (EEOC) enforces Federal laws that protect employees from discrimination including:

• Current employees
• Former employees
• Temporary employees
• Managers
• Job applicants

Here are just some examples of what discrimination in the workplace looks like.

• A high-performing employee constantly receives strong reviews from leadership but isn’t promoted as quickly as her male counterparts. When she asks her boss about why this is, he says she is too needy and whiny.
• A candidate is applying for a job and mentions in passing that he and his husband plan to adopt a baby. After mentioning his husband, the offer was rescinded citing “unforeseen circumstances.”
• A new dress code is enforced that prohibits any kind of head coverings and scarves of any kind with no exceptions, despite one team member who wears religious head coverings.

Harassment

Harassment is a form of discrimination that includes unwelcome, severe, and pervasive behavior targeting protected characteristics, and creating a hostile or intimidating work environment. Harassment can be verbal, physical, or visual—for example, derogatory remarks, slurs, posting offensive symbols directed at specific groups, offensive jokes, or even unwanted sexual advances. Harassment is considered illegal when it creates a hostile work environment due to its frequency or could result in an adverse decision related to employment, such as being fired or demoted.

Harassment can include unwelcome behavior such as:

• Repeatedly asking a coworker on a date despite being told no
• Making inappropriate jokes about a colleague’s body and using lewd, suggestive language
• Unfairly criticizing someone’s lack of skills, citing their age as a problem, and leaving them out of projects or events
• Intentional misgendering or referring to a non-binary coworker as “it” instead of using they/them pronouns

Bullying

Bullying is not just for kids at school! Unfortunately, it often happens to adults in workplaces too. Bullying is when someone uses aggressive acts or comments meant to intimidate, humiliate, or embarrass someone. It’s more than a mean moment—bullying is defined as repetitive with ongoing actions or a pattern of behavior.

While bullying isn’t illegal, it’s still incredibly detrimental to your company’s culture. It needs to be addressed early to prevent driving away your talented employees! Consider what steps you can take to create a positive culture committed to kindness and discourage bullying of any kind. Beyond the law, do what’s right for your team and create a healthy environment for everyone to succeed.

Addressing Workplace Behavior

So how can you help create a workplace free from discrimination, harassment, and bullying? This is where HR best practices come into play. It’s essential to establish clear policies and procedures and make sure your company culture is healthy and positive. Inspiring HR consultants recommend that small businesses consider the following proactive steps:

• Educate Employees: Train employees on recognizing, preventing, and reporting discrimination, harassment, and bullying. Make sure they understand the difference between the three and know company policies and procedures, including how to report claims of such behavior.
• Promote Inclusivity: Foster a culture of respect and inclusivity where all employees feel valued and supported regardless of their background or characteristics. A great way to do this is to listen to your team with an Employee Culture and Engagement Survey. Inspiring HR helps you ask the right questions for your unique team. Reach out to get started with an experienced HR consultant.
• Respond Promptly: Take all complaints of discrimination, harassment, or bullying seriously. Investigate promptly and impartially and create a sense of transparency and trust with the team. Encourage open communication and provide support to victims.

Eligible INFINITI HR clients are provided a Hotline service to offer employees a safe space to report incidents of discrimination, sexual harassment, or hostile work environments. By giving your company an avenue to report to a third-party investigation team rather than management, you are providing your employees with the invaluable resource of a swift, thorough, and impartial investigation.

• Enforce Policies Consistently: Consistently enforce workplace policies and take appropriate disciplinary action against offenders. This sends a clear message that such actions will not be tolerated, no matter who commits the offense. It doesn’t matter how talented these toxic employees are, it’s harmful to your culture and other employees to let poor behavior go unchecked.

Unsure about how to handle workplace harassment, need guidance on creating effective policies, or looking for help having tough conversations or making hard decisions? Your dedicated HR consultant can help by offering tailored solutions for small businesses to address issues and create a workplace where everyone feels respected, valued, and empowered to succeed. Infiniti HR also offers hotline assistance for active concerns of harassment and discrimination.  See your HR consultant for more details.

For more information on harassment in the workplace, you can visit the EEOC website. They provide valuable resources and guidance on identifying, preventing, and addressing workplace harassment.

Interested in other current employment trends? Click the link to view the recent blog: From Chaos to Clarity: HR Solutions to Workplace Madness or check back for more on human resources, payroll, insurance, and benefits.