Systemic discrimination in the workplace occurs when the discrimination is not a single occurrence but is pursued across the organization or business and is integrated into how the organization or business operates. Systemic discrimination in the workplace is illegal according to federal and many state laws. The Equal Employment Opportunities Commission (EEOC) is the federal agency that has been given the powers to investigate claims of systemic discrimination. If claims are proven, the EEOC has the right to impose penalties, including fines and awarding compensation to workers who have been victims of systemic discrimination.
What Is Systemic?
By the term ‘systemic’ the EEOC refers to a policy that has ‘shaped the work environment’ so that it suits certain workers rather than others. It also refers to any policy that is used that differentiates classes of workers and treats these different classes of workers in ways that discriminate against specific groups of them.
The EEOC has the responsibility to detect when systemic discrimination in the workplace is happening and whether an organization or business is breaking the law on discrimination. The main federal legislation that prohibits discrimination in the workplace perpetrated against certain protected classes of employees is Title VII of the Civil Rights Act 1967 and its amendments.
What Are Examples of System Discrimination In the Workplace?
Examples of systemic discrimination in the workplace include discriminating against a class of workers when:
- hiring or firing an employee;
- promoting an employee or offering overtime over another employee, not because of their ability to do the job, but because of them belonging to a protected class;
- not allowing accommodation for a disability, pregnancy or religious affiliation despite the fact that the employees concerned are as good at doing their job as other workers who are not discriminated against.
What Can I Do If I Am a Victim of Systemic Discrimination at Work?
If you believe you have suffered discrimination where you work, e.g. because of your age, gender, religion, etc. and have evidence that this discrimination is systemic, i.e. part of an established policy established throughout the employer, you have the right to file a complaint with the EEOC.
You must have evidence that you have suffered discrimination by your employer and that this is part of a systemic policy. The EEOC investigates claims of discrimination that occur within the workplace and, if confirmed, may act to stop the discrimination from happening within the organization, impose penalties and compensation to workers who have suffered illegal discrimination.
When the EEOC cannot resolve claims of systemic discrimination, this may allow workers to sue their employers through the civil court.
Get Help With Your Discrimination Claim
Discrimination in the workplace against certain protected classes of workers, e.g. because of their gender, age, pregnancy, color, religion, disability, etc., is illegal in the U.S. Federal legislation prohibits it. When the discrimination is systemic, i.e. integral to an organization’s work policy, it can be investigated by the EEOC. An employment lawyer can help with claims of systemic discrimination.
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