Bias may be considered discrimination

Employees in Texas and across the country may face discrimination in the workplace. Sometimes, discriminatory practices or behaviors may be overt and obvious, but the pattern is often subtle and difficult to determine. The law is typically broad and inclusive when it comes to discriminatory practices and even bias that makes employees feel excluded based on protected factors such as gender, religion or sexual orientation may constitute discrimination.

Biased practices have a strong effect on workplace performance according to a study on the subject. The study found that 66 percent of people reported that biased treatment had a large impact on their commitment, motivation, morale and desire to advance further in their company or position. Subtle biased actions are the most difficult. They may be more difficult to report and describe or identify as discrimination.

Discrimination arising from bias can be difficult for an employee to deal with. The study found that 60 percent of employees who had endured bias or discrimination did not know how to prevent future discrimination or deal with the incident. This is likely due to inadequate training of both employees and managers in how to identify and deal with discrimination incidents. Many of the events they observed seemed small in isolation and may not have been identified correctly until they became part of a larger pattern of behavior.

It can be very stressful acting on workplace discrimination. Employees often fear reprisal or further problems at work. The law broadly protects employees from such actions, especially if the discrimination is coming from a boss or senior employee in a company. It can still be difficult to make a solid case and put the small incidents together into a pattern that proves discrimination. An attorney may be able to help a client make those connections and prepare a case.