HR Management & Compliance

The 7 Types of Discrimination Your Managers and Supervisors Must Avoid

In yesterday’s Advisor, we found out what fairness means to a jury; today, discrimination, the dark side of fairness, plus an introduction to the famous “50/50”: the compendium of 50 employment laws in 50 states.

Nondiscrimination is the legal side of fairness. Illegal discrimination comes in many forms, some obvious and overt, some subtle and hard to spot. Here’s what to avoid:

1: Overt discrimination (I don’t like Xs)

This is the out-in-the-open type of discrimination that most people think of when they hear the word. For example:

  • I don’t like to work with [women, men, old people, white people, black people, Asian people, disabled people].
  • My customers don’t like to deal with [women, men, old people, white people, black people, Asian people, disabled people].
  • I don’t like to hire [young women because they get pregnant and go on leave].
  • I’m not promoting [anyone over 40—they don’t have enough energy].

2: Stereotyping (Xs can’t X)

Stereotyping usually takes the form of “Xs can’t X.”

  • Women aren’t strong enough.
  • Men aren’t compassionate enough.
  • Xs aren’t smart enough.

3: Patronizing (Xs shouldn’t X)

This is a special form of stereotyping that seems well-intentioned, but is, in general, discriminatory. For example:

  • Terry is active in the community; he/she won’t want to relocate.
  • Parents with young children shouldn’t travel.
  • Women shouldn’t travel alone.
  • Pregnant women can’t [travel, lift, move, be stressed].

4: ‘Avoidance’ Discrimination

Some managers try to play a game of avoidance discrimination. They say, “If I can get in trouble talking to X, no problem. I’ll never talk to X.” Don’t use this thinking; it is discriminatory and it won’t fly.

5: Playing favorites (I always turn to my friends)

All managers have groups with whom they feel most comfortable. But if you always turn to that group when you need to hire, you are discriminating. And you’ve got friends at work with whom you’re comfortable. If they always get the plum projects, bonuses, and promotions, you are discriminating.


Operate in multiple states? That’s a real compliance challenge, but with “The 50-50” (50 Employment Laws in 50 States); answers are at your fingertips. Wage/hour? Leave? Child labor? Discrimination? All there in easy-to-read chart form. Get more details.


6: De facto (I just never seem to hire Xs)

One of the more subtle forms of discrimination is called “de facto.” In these situations, there are never any direct statements against hiring or promoting certain types of people—it just never seems to happen. For example, you’re not against hiring women in a certain job, but although many qualified women have applied, of the last 50 hires, all 50 were men.

7: Reverse discrimination

Reverse discrimination means discrimination against someone as a result of your attempts not to discriminate against someone else. You probably don’t have significant exposure unless you have a very strong, quota-type program favoring one protected group.

Various State-Law-Based Prohibitions

The discussion above focuses on federal law requirements; but most states have their own laws prohibiting various types of discrimination. For example, sexual orientation, child-bearing capacity, public assistance status, off-duty smoking, and filing of a workers’ compensation claim may be protected behaviors or categories in your state.

That’s all well and good, but where are you going to find out about all these laws?

We asked our editors and they came up with a quite astounding product—the “50-50” (50 Employment Laws in 50 States). Now you can INSTANTLY discover your legal obligations under the 50 most important employment laws … in each of the 50 states.

50 Employment Laws in 50 States, 2011 Edition is the revolutionary guidebook that puts ALL the most need-to-know employment law information—for each of the 50 states—right at your fingertips.

Imagine the time and frustration you’ll save with this authoritative, instant-information reference. In just seconds, you’ll zero in on the precise information you need whenever you must:

  • Create a new policy
  • Verify the compliance of an existing policy
  • Expand your operations
  • Audit your procedures
  • Support recommendations to senior management
  • Advise colleagues at field offices, branches, and stores
  • Stay comfortably up-to-date with increasingly complicated state employment laws

Finally, an easy-to-use state law guide for all 50 states plus DC and Canada! The “50-50” (50 Employment Laws in 50 States) guide is the authoritative guide to the top 50 state laws in each state. Easy-to-read chart format. No legalese. Just updated for 2011. Get more information here.


With 50 Employment Laws in 50 States, 2011 Edition, you get the exact guidance you need whenever you need to understand ANY state law concerning:

Family and medical leave
Benefits for same-sex partners  and common-law spouses
Final paycheck
Vacation/sick pay
Overtime
Workers’ comp
AIDS testing
Polygraph testing
Genetic testing
Drug-alcohol testing
Off-duty conduct
Tobacco use on the job
Weapons
Personnel files
Whistleblowing
Plant closings
Meal and rest breaks

Health insurance continuation
References
Pre-employment inquiries
New hire reporting
Affirmative action
Background checks
Credit reports
Arrests and convictions
Pregnancy leave
Small necessities leave
Voting leave
Jury duty leave
Military leave
Employee privacy
Social security numbers
Unemployment comp

Employment at will
Child labor
Labor organizations
Organizing by public employees
Noncompete agreements
Wage payment
Minimum wage
Payment of commissions
Garnishment
Wage deductions
Direct deposit
Required posters
Safety
Breastfeeding
Title VII equivalents
Other discrimination and harassment laws
State and local equal employment opportunity laws

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