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Discrimination doesn’t need to be intentional to be illegal

On Behalf of | Jan 21, 2025 | Workplace Discrimination

There are some employers and employees out there who discriminate against certain people on purpose. Such behavior is clearly unacceptable and employment laws give anyone on the receiving end clear options.

But what about when the discrimination is unintentional? What about if someone just says a thing without really thinking it through or realizing how hurtful it could be? Is that excusable, or does the person on the receiving end still have options they could pursue?

Small things can soon build up

One minor errant comment or action is unlikely to warrant legal action, but a continuous stream of minor things certainly could. Some refer to these as microaggressions and whether intentional or not, they can have a harmful effect if they are allowed to continue. A few examples are:

  • Comments that express surprise due to someone’s characteristics. “Wow, you sure speak good English for a Chinese dude” is an assumption that the person was not born here just because they are not white.
  • Questions with a sexual leaning: “So, is it true what they say about blondes being more fun in bed?” Or, to a gay person, “So which one are you in the relationship? The guy or the girl?”
  • Failures to invite someone: “Sorry, I didn’t think it would be your thing with you being in a wheelchair and all that.”

A good employer should step up and deal with microaggressions they witness or are told about. Unfortunately, some fail to realize just how damaging they can be, or fail to care enough to want to tackle the problem. If you are an employee on the receiving end, it’s important to remember that however minor someone else thinks a thing is, you may have options available.