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Discrimination and Harassment in Employment Law Discrimination and Harassment Discrimination is the unethical and illegal practice of treatment of an individual in an alternate manner as others. Discrimination is often based on the intrinsic and highly flawed concept that divergence of a person determines their treatment. In this respect, various forms of discrimination, which comprise, Disability, Age, Genetic Information, National Origin, Race/Color, Harassment, Equal Pay/Compensation, Religion, Sex, Retaliation, exist (Eisenstadt and Boles 38). Harassment refers to a type of discrimination in which unwelcome conduct is offered to a person due to their differences in religion, race or another discernible attribute (Sargeant 62). In this regard, harassment may comprise of any action that may result in the deplorable alteration of the workplace. As such, any acts of harassment including one employee to another should subsequently be followed up by a disciplinary action of equal measure to the action itself. Harassment law is lacking in that employment cannot conclusively describe all actions which can be construed as an act of harassment (Sturm 26). In turn, this provides a loophole or a vagary which can be exploited by employers who seek to act in a discriminatory manner towards those they deem fit. It also does not provide enough protection for the employee who seeks to speak out, especially against their employers who are usually in places of power. The harassment clause of the employment law should be structured in such a manner as ensures employee safety against cases of firing for an unjust cause, or the alteration of the workplace in such a way that
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