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Microaggressions make for complex cases

In some instances, discrimination or harassment is fairly obvious. For example, if you are a female worker applying for a promotion and your boss dismisses the idea outright, saying they won’t promote a woman into a leadership role, it’s a clear case of gender discrimination. Similarly, if a company lays off all its Asian American employees, it would likely constitute racial discrimination.

However, there are also more complex cases involving microaggressions. These are often subtle, everyday actions or remarks that contribute to a hostile environment. While they may seem minor, they can still lead to harassment and discrimination, albeit in a less overt manner.

Examples of microaggressions

Microaggressions may take the form of seemingly small comments or jokes made at someone else’s expense. For instance, consider an American worker whose parents immigrated from another country. At work, they mention being native to the United States, and a coworker winks and asks, “Where are you actually from?” The coworker may try to pass it off as a joke.

But it’s not just a joke—it’s intended to marginalize that employee and is a form of discrimination based on their national origin, ethnicity or physical traits like skin color.

Another example might involve a coworker saying to the same employee, “Wow, you speak English really well.” The implication is that the person is assumed to lack education or English proficiency because of their ethnic background. This is a discriminatory assumption, as the individual is an American who has spoken English their entire life.

Taking action

Employees who face discrimination and harassment, including microaggressions, need to understand the legal steps they can take to address these issues.