Understand workplace discrimination and how to prevent it

Workplace discrimination poses a challenge to the principles of fairness and equality. Unlawful discrimination affects people facing discrimination as well as group dynamics. 

Here, we define discrimination in the workplace and describe its different types. We also discuss anti-discrimination laws in Malaysia and how to end workplace discrimination. We'll cover the following in this guide:

• What is workplace discrimination?
• Types of discrimination
• How to prevent and address workplace discrimination
• Laws and regulations
• What to do if you feel you're being discriminated
• How to create a diverse workplace culture
• Conclusion
• FAQs 

What is workplace discrimination? 

Discrimination in the workplace occurs when an individual or group is the subject of unfair treatment due to characteristics they have. These protected categories include ethnicity, race, age, gender identity, sexual orientation, disability, and religious beliefs. Workplace discrimination can occur among co-workers and between employees and their employers. The law prohibits discrimination, regardless of intent or reason.  

Types of discrimination 

In Malaysia, discriminating against ​individuals or groups based on protected characteristics​​​ is unlawful. These are protected characteristics:

• race
• descent
• place of birth
• gender
• religious beliefs 

Anti-discrimination laws in the workplace protect employees from unlawful discrimination. Types of discriminatory practices include:  

Direct discrimination 

Also known as intentional discrimination, direct discrimination occurs when an employer treats an employee differently than other employees based on a protected characteristic. An example is stating that someone must be male to apply for a driver position.  

There are cases where an employer can include a job vacancy requirement that isn't discriminatory. For example, an Islamic school may open a vacancy to Muslims only. 

Indirect discrimination 

Indirect discrimination exists when a company policy treats individuals or groups unequally. A company that accepts "clean-shaven” job seekers only is an example of this. This condition could negatively impact people with specific religious beliefs, such as Sikhs.  

Systemic discrimination 

Systemic or institutionalised discrimination refers to a company favouring one group of people over another. This type of discrimination is hard to identify and address. It may happen as part of the normal functioning of a system. Systemic discrimination results in unconscious biases.  

Systemic discrimination can occur in many areas, such as schools, the justice system, and workplaces. An example is people treated differently based on their race. 

Harassment 

Workplace harassment concerns a person or group feeling threatened by another​ and often negatively impacts the work environment. One example of workplace discrimination is making fun of a co-worker because of their race, religion, or physical disability. Another is ​the ​sexual harassment of a female employee.  

How to prevent and address workplace discrimination 

You become more productive when you're in a healthy work environment. Employers should create a pleasant and positive work environment to prevent discriminatory practices. Here are some ways to address discrimination in the workplace: 

Training programmes on diversity and inclusion

An employee may feel isolated if their background differs from the majority. This can make them feel vulnerable to pressure from co-workers. On the other hand, the majority may feel threatened by those they view as “different.” Employers can conduct training programmes to prevent this kind of unequal environment. 

Reporting mechanisms 

In Malaysia, many victims of unlawful workplace discrimination are too afraid to come forward. Employers should encourage employees to report any form of perceived discrimination. Having anonymous reporting methods or online tools can help encourage people to report discrimination. 

Methods to investigate and address workplace discrimination complaints 

Companies need to make it clear to the workforce that they have an anti-discrimination policy in place. This policy should include steps for employees to report complaints. It should also detail how the company conducts investigations and addresses situations. 

Policies and procedures to deal with discrimination and retaliation 

Employees should know what to do if they experience or witness workplace discrimination. They should also be aware that Malaysian federal laws protect employees from unlawful discrimination. 

Laws and regulations  

It's unlawful employment practice to discriminate based on protected categories. Employers must give fair treatment to all employees and job seekers who apply for a job with them. Malaysia doesn't have specific workplace discrimination laws in place, but it has provisions scattered throughout its laws that protect employees against discrimination in the workplace. These include: 

Article 8 of the Constitution of Malaysia 

Article 8 states that all individuals are equal before the law, and they're entitled to equal protection of the law. It also prohibits discrimination against Malaysian citizens in any trade, profession, business, employment, or vocation on the grounds of birthplace, race, descent, gender, or religion.  

However, the general scope of Article 8 gives the courts the freedom to interpret how it applies to different situations. In a landmark employment case, the Federal Court ruled that the provision is only applicable to employees in the public sector.  

Tort of unfair discrimination 

The tort of unfair discrimination exists to extend protection against discrimination to employees in the private sector. Under tort law, workplace discrimination can be an actionable tort in private contracts and dealings between parties, even if there's no public element to them. However, the act of discrimination is only actionable under the following circumstances:

• when equals receive unequal treatment and unequals receive equal treatment
• when there's unfair, unjust, or unreasonable bias in favour of one party against another
• when the complainant is able to show that they have suffered some form of harm or injury recognised by law, such as monetary or non-monetary loss 

Employment Act (Amendment) 2022 

Following the amendment of the Employment Act 1955, a new provision has been introduced to empower the Director-General of Labour to investigate and decide any workplace discrimination dispute between an employee and an employer. Subsequently, the Director-General may make an order that the employer must comply with or face a fine. 

What to do if you feel you're being discriminated 

Malaysian laws protect employees from workplace discrimination, harassment, and bullying. Here are some tips on what to do if there's unlawful discrimination in your workplace.

• Seek guidance: The company should have a workplace discrimination policy in place. This policy must aim to protect employees. The company should guide you on the steps to take if you feel you've been treated unfairly. It must also offer guidance if you witness discrimination against another employee.
• Know who to go to: Company management usually handles employee complaints and concerns. It's important to know to whom to refer your complaints. You can also ask for assistance from your superior or human resources.
• Document the issue: Documentation is important when filing complaints. You can provide a statement or ask for statements from witnesses. 

How to create a diverse workplace culture 

A diverse workforce means people of different backgrounds, religions, races, genders, sexual orientations, disabilities, and levels of professional experience working together. Malaysian employers should look for diverse job applicants with the skills, knowledge, and drive to contribute to the company's growth. 

Here are some of the benefits of building a diverse workforce:

• Promoting varied perspectives: A diverse workforce can provide different perspectives and ideas on products or services.
• Supporting innovations: People of different backgrounds can offer diverse ideas, ensuring innovation and creation.
• Increasing team and individual productivity: A diverse workforce provides many professional skills, experiences, and approaches to achieving goals and completing projects. This can result in improved productivity and more effective problem​-​​ ​solving. 

Here is a list of strategies to create an inclusive and diverse work environment:

• Get leadership commitment. Commitment from managers and leaders is important when creating a diverse and inclusive workplace. 
• Implement diversity training programmes. Education and information raise awareness of unconscious biases in the workplace.
• Adopt inclusive hiring practices. The employer should spearhead inclusive recruitment processes to attract diverse job applicants. One step toward this is avoiding biased descriptions in job listings.
• Promote inclusive policies. Now is the perfect time for companies to adopt inclusive policies and regulations. If your human resources team already has a policy, review it and the company's practices. Doing so will confirm that the company is inclusive and provides equal opportunities to employees and job seekers. 

Conclusion 

Discrimination in the workplace has far-reaching consequences that extend beyond its immediate victims. It kills creativity, restrains innovation, and undermines the fundamental principles of equality. Some agencies protect employees from unlawful discrimination in the workplace. Anti-discrimination laws are in place to ensure that companies treat employees fairly. 

Inclusive and diverse workplaces attract job seekers and enhance employee engagement and productivity. Victims of workplace discrimination in Malaysia should learn to speak up and know their rights. Employees should understand how they can help prevent discrimination and foster diversity. 

FAQs 

1. What is meant by a protected class? 
   ⁠A protected class is a group of people legally protected from harm caused by laws and policies that discriminate based on a shared characteristic. Protected categories include age, gender, race, and more. 
2. What are the different types of discrimination in the workplace? 
   ⁠Types of workplace discrimination include racial discrimination, disability discrimination, religious discrimination, age discrimination, pregnancy discrimination, and gender discrimination. 
3. How can I recognise workplace discrimination? 
   ⁠Here are several signs of discrimination in the workplace:
   - ⁠Your superior holds you to different standards than others, and you're the only one in the workplace who receives that treatment.
   - ⁠You've heard offensive comments about your sex, age, religion, race, etc.
   ⁠- You feel constantly left out of social gatherings, events, or meetings.
   ⁠- You're getting paid less than others with similar positions.
   ⁠- Your superior repeatedly bypasses you for promotions or training opportunities. 
4. What evidence should I gather if I think I'm the victim of employment discrimination? 
   ⁠You don't need documents to prove that you're a victim of discrimination in the workplace. Make a record of your experience and include the following information:
   - ⁠the date and time (include how many times the discrimination occurred)
   - ⁠the names of anyone involved
   - ⁠a description of how the discrimination affected you (emotional impact, causing you to miss out on a promotion, etc.)
   - ⁠the names of witnesses to back up your complaint