20 Examples of Indirect Discrimination in the Workplace

Discrimination in the workplace isn’t always overt. Indirect discrimination happens when workplace policies, practices, or rules that appear to be neutral or fair end up disproportionately affecting a protected group. This guide provides a detailed look at 20 examples of indirect discrimination in the workplace and the legal ways to address them.

Examples of Indirect Discrimination in the Workplace

Defining Indirect Discrimination

Before we delve into examples, it’s essential to understand what indirect discrimination means. Indirect discrimination occurs when a policy, even if applied to everyone, puts a certain group of people at a disadvantage due to their race, sex, age, religion, or other protected characteristics.

Examples of Indirect Discrimination in the Workplace and How to Address Them

Age-related physical requirements: If a job posting requires a certain level of physical fitness that isn’t relevant to the role, it can disproportionately disadvantage older applicants. Companies should ensure job requirements are necessary and proportionate to the role.

Uniform policies that disregard religious beliefs: For instance, a “no headwear” policy indirectly discriminates against people who wear religious head coverings. Employers should accommodate reasonable requests for variations to uniform policies for religious reasons.

Mandatory full-time work: This can indirectly discriminate against people with caregiving responsibilities or disabilities. Employers should consider flexible work options or job-sharing arrangements where feasible.

Inflexible work hours: This can affect employees who need to observe religious practices at certain times. Employers should consider flexible work hours to accommodate these needs.

Lack of wheelchair accessibility: This can indirectly discriminate against wheelchair users. Employers are required by law to make reasonable adjustments for accessibility.

Minimum height requirements: This can indirectly discriminate against women and certain ethnic groups. Requirements should be necessary and proportionate to the role.

Exclusion of part-time workers from benefits: This can indirectly discriminate against workers who cannot work full time due to disabilities or caregiving responsibilities. Part-time workers should receive pro-rated benefits.

Requirement of English as a first language: Unless necessary for the role, this can indirectly discriminate against individuals whose first language isn’t English. Employers should ensure language requirements are necessary for the role.

Blanket criminal background checks: This can disproportionately affect certain racial or ethnic groups. Employers should only consider criminal history if it’s relevant to the job.

Excluding remote work options: This may disadvantage employees with disabilities who may find commuting difficult. Employers should consider remote work accommodations.

No provision for prayer breaks: This can indirectly discriminate against individuals who observe religious practices that require prayer at certain times. Employers should accommodate reasonable requests for prayer breaks.

Mandatory overtime: This can indirectly discriminate against employees with caregiving responsibilities or disabilities. Employers should consider flexibility for these workers.

Lack of gender-neutral restrooms: This can indirectly discriminate against transgender or non-binary employees. Employers should consider including gender-neutral restroom options.

Not accommodating nursing mothers: A policy that doesn’t provide breaks or a private space for nursing mothers indirectly discriminates. Employers are required to provide reasonable accommodations for nursing mothers.

Inflexible dress codes: This can indirectly discriminate against certain religions or genders. Employers should allow flexibility where the dress code impacts on a protected characteristic.

Disproportionate layoffs: If layoffs disproportionately affect a protected group, it could be indirect discrimination. Employers should ensure that layoff decisions are based on objective criteria.

Lack of mental health support: This can indirectly discriminate against employees with mental health conditions. Employers should provide resources and accommodations for employees with mental health conditions.

Retirement age policies: A set retirement age can indirectly discriminate against older workers. Unless it can be objectively justified, employers should avoid mandatory retirement ages.

Restrictive sick leave policies: These can disproportionately impact employees with chronic illnesses or disabilities. Employers should allow for flexibility and reasonable accommodations.

Lack of accommodations for pregnant employees: This can indirectly discriminate against pregnant employees. Employers are legally required to make reasonable adjustments for pregnant employees.

More examples of indirect discrimination in the workplace are coming soon…

People Also Ask

What is the Difference Between Direct and Indirect Discrimination?

Direct discrimination involves treating someone less favorably because of a protected characteristic. In contrast, indirect discrimination occurs when a policy that applies to everyone disadvantages a particular group.

What Can I Do if I Face Indirect Discrimination at Work?

If you believe you are facing indirect discrimination at work, you should document the instances, talk to your HR department, and consult with a lawyer if necessary. In the US, you can also file a complaint with the Equal Employment Opportunity Commission (EEOC).

Are Employers Required to Accommodate All Religious Practices?

Employers are required to make reasonable accommodations for employees’ religious practices, unless it causes undue hardship to the organization.

Can Indirect Discrimination Ever Be Justified?

In certain cases, what might seem like indirect discrimination can be justified if the employer can prove it’s a “proportionate means of achieving a legitimate aim.” This might include health and safety concerns, or specific requirements of a job role.

Conclusion

Understanding and addressing indirect discrimination in the workplace is crucial for maintaining a fair and inclusive environment. Both employees and employers should be vigilant to ensure that workplace policies and practices do not disadvantage certain groups. If you believe you’ve been indirectly discriminated against, you should reach out to HR or seek legal advice.