Discrimination in the workplace. Types of discrimination at work and how to tackle it

Unfortunately, workplace discrimination remains a problem in Spain and across the rest of the world. By this, we mean that there are people who face greater difficulties in accessing the labour market or in receiving equal pay depending on their race, sex or ethnicity, for example.

But how does the law define discrimination in the workplace and what types exist? These are the two questions we will address here.
 

What is workplace discrimination?

Article 17 of the Workers’ Statute focuses on workplace discrimination and the guarantee of protection against retaliation. Specifically, it states that employers are obliged to pay their employees equal remuneration for work of equal value, regardless of whether it is provided directly or indirectly.

Examples of workplace discrimination

There are many examples of workplace discrimination that can illustrate this definition. For instance, a woman who is dismissed after informing her employer that she is pregnant. It would also be the case if this employee is prevented from being promoted within the organisation or if she is paid less than men performing identical duties.

Likewise, it would also be considered discrimination to reject a candidate for a position or dismiss them after hiring due to issues related to their political ideology.
 

What are the most common causes of workplace discrimination?

We have already mentioned two. The first is sex discrimination, which leads women to earn less than men or to be dismissed when they become pregnant. To address this, for example, maternity and paternity leave have been equalised (16 weeks), with further extensions envisaged in the future.

The other is political ideology, that is, treating a person unequally at work simply because they express their way of thinking. However, there are other forms of discrimination that should not be overlooked:

• Age. Whether due to being too young or too old. It is well known that those under 25 and over 50 face the greatest difficulties in obtaining and maintaining employment.
• Origin. That is, the country in which the worker was born or their race or ethnicity.
• Religion. In this case, discrimination arises from a person’s religious beliefs.
• Disability. Whether physical or mental.

 

In addition, the law also provides that a person may be discriminated against in their workplace due to other circumstances, such as suffering from a common or occupational illness.
 

What types of workplace discrimination exist?

The law on equal treatment and non-discrimination (Law 15/2022 of 12 July), commonly known as the “Zerolo Law” in honour of its main promoter, Pedro Zerolo, establishes that there are several types of discrimination within employment relationships. However, this does not mean that some are more or less important than others. Let us take a look:

• Direct discrimination. This is the most obvious type, as it involves one or more employees receiving clearly visible discriminatory treatment compared to their colleagues. The reasons may be any of those mentioned above and may lead to dismissal or even voluntary resignation.
• Indirect discrimination. In this case, discrimination is not as evident, but is carried out in such a way that it is difficult for the employee to prove (for example, measures taken against them decided in private meetings between managers). However, its effects and motivations are the same as those described above.
• Multiple discrimination. This occurs when a single employee is discriminated against for more than one reason. For example, a combination of gender discrimination (a pregnant woman) and origin (being foreign or belonging to a particular ethnic group).
• Discrimination by association. When an employee attempts to defend a colleague who is being discriminated against, they may also be discriminated against or suffer other forms of retaliation.
• Harassment through retaliation. This occurs when an employee engages in a certain action, such as reporting the company for discrimination or another issue, and as a consequence the employer worsens their working conditions or dismisses them.
• Harassment. This may involve psychological or physical intimidation, usually with the aim of forcing the employee to leave their position. Its purpose is to undermine the individual’s dignity and create a hostile working environment.

 

How can workplace discrimination be tackled?

For years, legislators have sought to achieve equality in the workplace, although much remains to be done to make it fully effective. The clearest example is the gender pay gap.

For instance, the National Statistics Institute states that women earn, on average, 16% less than men for doing the same work. This difference amounts to approximately €360 per month.

In any case, according to the International Labour Organization (ILO), all businesses should implement a series of measures aimed at combating workplace discrimination. Specifically, it identifies six:

• Encouraging access to the labour market for younger people (under 25).
• Promoting equal pay between men and women.
• Supporting a living wage to combat in-work poverty.
• Ensuring dignity throughout the entire supply chain.
• Creating an inclusive LGBT culture.
• Supporting the rights of people with disabilities.

 

How can workplace discrimination be proven?

Any employee who believes they are a victim of discrimination may file a claim against their employer if they consider it appropriate. However, they must prove that such circumstances are occurring, which means providing the judge with all available evidence.

But what kind of evidence are we referring to? There is no precise rule in this regard. Judges usually take into account evidence such as emails or chat conversations showing that a superior or colleague has engaged in discriminatory behaviour.

Likewise, witness statements from individuals who have observed discriminatory behaviour, such as co-workers, are also valid. Security camera recordings, especially in cases involving harassment or aggression, may also be considered.

In conclusion, workplace discrimination remains an issue, despite the fact that both the Spanish Constitution and the Workers’ Statute aim to guarantee equality between men and women regardless of age, religion, race or ethnicity. This is why it is necessary to continue combating it and to provide employees with the tools needed to do so.

Are you experiencing discrimination at work? Get in touch with our specialist labour lawyers.