Sometimes bias hides in plain sight. A job offer that an employer withdraws without explanation. A promotion that never comes. A review that suddenly turns critical after years of strong performance. These moments can feel personal, but they often point to one of the many types of workplace discrimination prohibited under state and federal law. From unequal pay to exclusion masked as “fit,” discrimination can alter a career’s course in quiet but lasting ways. At Smithey Law Group LLC, discrimination attorney Joyce Smithey and her team help employees and employers in Maryland recognize those patterns early, respond strategically, and restore fairness before the damage deepens.
What Laws Protect Me from Workplace Discrimination?
The Civil Rights Act of 1964, Title VII, set the bar in the United States when it comes to discrimination in the workplace. This ground-breaking law made it illegal to discriminate against certain groups of people in any sort of workplace situation, including but not limited to hiring, firing, promoting, or demoting an employee. The groups that are protected have changed somewhat over the years, as new vulnerable populations are added to the list.
The Act began by disallowing discrimination based on factors such as race, color, religion, national origin, or sex. However, in recent years, the law has expanded to include a prohibition against discrimination based upon sexual orientation or sexual identity, among other things. These laws are codified by the Act and enforced by the Equal Employment Opportunity Commission (EEOC).
What Is Discrimination?
Before we dive into the different types of discrimination, it is important to be clear about what discrimination actually is. Essentially, whenever an employee or job applicant is treated differently or given fewer opportunities based on physical, biological, or social characteristics, this is discrimination. People are people, and the law may not be able to control what a certain employer thinks about those from certain ethnic or racial groups – but the law can certainly make it illegal for that employer to treat their employees differently based on any such characteristic.
Here are some examples of discrimination to help clarify the idea.
- Paying a lesser salary to one employee who is in the same position as another, based on any of the protected characteristics;
- Denying benefits to certain employees;
- Showing a preference for a certain type of candidate in a job advertisement;
- Only recruiting candidates of a specific color, race, sex, etc;
- Being more flexible with one employee over another when it comes to maternity or disability leave;
- Denying training, mentorship, or advancement opportunities to certain employees while offering them to others with similar qualifications; and
- Making offensive jokes, comments, or assumptions about a person’s background, appearance, or identity to create an uncomfortable or hostile work environment.
These are just a light sampling of potential circumstances wherein an employer can exhibit discriminatory practices. As you can imagine, there are many, many more circumstances that could apply. Basically, any time an employer shows “favoritism” based on group status or protected characteristics, it may have broken the law by engaging in discrimination.
Also worth keeping in mind is that bias can be subtle, e.g., a manager who repeatedly “forgets” to copy a particular employee on project emails, or a recruiter who assumes older applicants “wouldn’t fit” on a younger team. Recognizing these quieter forms of bias is critical because each type of discrimination in the workplace can erode trust and morale long before a lawsuit begins. Smithey Law Group can help employees document these patterns early, protecting both careers and reputations.
What Are the Types of Workplace Discrimination?
The following are common types of discrimination that are found in the workplace.
Age
Under the federal Age Discrimination in Employment Act (ADEA), it is illegal to discriminate against employees or job seekers who are age 40 or older.
Maryland law, however, goes further, prohibiting discrimination against employees and applicants of any age. For example, if a company favors younger workers for promotions, excludes older employees from training programs, or dismisses a younger employee as “too inexperienced” despite strong qualifications, those actions may constitute types of discrimination in workplace decisions.
Sex
Title VII makes it illegal to discriminate because of an employee’s gender. This has been expanded to include an employee’s sexual orientation and sexual identity, specifically those in the LGBTQ community. A common scenario is when an employer repeatedly passes over an employee for promotion after they disclose a same-sex partner, or when dress-code rules are enforced more harshly against transgender employees.
Religion
The Civil Rights Act forbids employers from discriminating because of an employee’s religion. This not only covers the major religions but also applies to anyone with closely held ethical or moral beliefs. This federal law not only prohibits religion-based discrimination but also mandates that employers make reasonable accommodations for that person to practice their faith (e.g., prayer time) and to wear religious attire (e.g., headscarves). If an employee asks for a short break to pray and the employer denies it while allowing non-religious breaks for others, or if management tells an employee to “tone down” visible religious symbols, that may constitute unlawful religious discrimination.
Race/Color/National Origin
An employer cannot discriminate against employees or applicants based on their race, skin color, or country of origin. This includes physical characteristics beyond skin color, such as hair texture. The Civil Rights Act also covers employees who are married to someone of color, or any employee who has the same physical traits as someone of color but is not actually of that race or national origin. Real-world examples include refusing to hire an employee because of an accent, disciplining Black employees for hairstyles that are allowed on white employees, or excluding a worker from client-facing roles because the client “might not relate.” Those are classic types of job discrimination under Title VII.
Disability
The Americans with Disabilities Act and the Rehabilitation Act mandate that employers cannot discriminate against employees or job applicants because of physical or mental disabilities, or against any person who is married to someone with a disability. Additionally, employers must make reasonable accommodations for employees with qualifying disabilities. Suppose an employee with a mobility impairment asks for a simple workstation adjustment, remote work, or a schedule shift, and the employer refuses without showing undue hardship. In that case, that refusal can be evidence of disability discrimination.
Pregnancy
The Pregnancy Discrimination Act (PDA) forbids discrimination based on a woman’s pregnancy, childbirth, or any medical conditions arising from pregnancy or childbirth. Furthermore, any resulting impairments are to be afforded the same considerations and benefits as those afforded to someone who is temporarily disabled. For instance, if a pregnant employee is pushed onto unpaid leave even though other employees with temporary limitations were given light duty, that difference in treatment may be an unlawful type of job discrimination.
Genetic Information
Genetic information is a more recent protection, resulting from the Genetic Information Nondiscrimination Act of 2008 (GINA). Under Title II of the Act, employees and applicants cannot be discriminated against on the basis of genetic information. This includes the result of any genetic test for an individual or their family and forbids the requirement of genetic testing as a basis of employment. An example would be an employer who learns an applicant’s family has a history of early-onset diabetes and decides not to hire them to “avoid future health costs.” GINA forbids that.
Retaliation
One form of discrimination that is not based on common factors or characteristics is retaliation. Retaliation occurs whenever employees exercise their rights at work, often to the detriment of their employer, and the employer attempts to “punish” them in any way within the work environment. For instance, if a woman exercises her right to be free of sexual harassment by filing a complaint against her employer, the employer is not allowed to fire her, cut her work hours, cut her pay, or in any way retaliate against her. Retaliation can also take a quieter form, such as sudden schedule changes, exclusion from meetings, or negative performance write-ups right after an employee files a complaint. That timing matters, and Smithey Law Group helps employees document it.
Military Status
The U.S. Department of Justice describes this as discrimination against an employee or applicant because of their current or future membership in any branch of the military. Additionally, employers must re-employ employees who are deployed for specific periods of time in service to our country. If an employer tells a reservist they are “not promotion material” because they are “gone too much,” or if an employer refuses to rehire after deployment, that can violate federal protections for service members.
Discrimination FAQs
Can Discrimination Happen During Job Interviews?
Yes. Asking about family plans, age, or medical history can violate federal law before employment even begins. Keep notes of inappropriate questions; they often establish intent later in litigation.
What If Bias Appears in Performance Reviews?
Language such as “not a culture fit” or “too emotional” often hides discriminatory assumptions. Comparing reviews across employees can expose patterns that your attorney can use to prove discrimination.
Are Contractors or Gig Workers Protected?
Sometimes. If a company controls your schedule, pay rate, or workflow like a regular employer, you may still qualify as an “employee” under Title VII. The attorneys at Smithey Law Group evaluate status and pursue remedies accordingly.
How Can Employers Prevent Liability?
Training managers, auditing pay data, and creating transparent complaint channels are critical. Smithey Law Group assists in drafting policies that meet or exceed EEOC standards and comply with Maryland’s Fair Employment Practices Act requirements.
Can Emotional Distress Be Part of Damages?
Yes. Courts may award compensatory damages for humiliation, anxiety, and reputational harm, as well as back pay or reinstatement. Documenting the emotional toll helps your attorney present a complete picture of the impact.
Smithey Law Group LLC Fights All Types of Job Discrimination
If you are an employer, there are a few ways that you can help prevent discrimination at your workplace. Creating and distributing employee handbooks that explain the rules and rights of employees is a great start. Holding periodic employee training seminars can also help. However, speaking with an experienced employment lawyer to make sure that you have crossed all your T’s and dotted all your I’s, insofar as protecting your employees from discriminatory practices, is by far the most important thing you can do to ensure compliance and the continuation of your business enterprise.
The attorneys at the Smithey Law Group LLC have the experience and knowledge to help your business soar. Give us a call or use our online contact form to schedule a confidential consultation today.
