{"id":4681,"date":"2016-04-04T10:47:40","date_gmt":"2016-04-04T15:47:40","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/discrimination-and-harassment.html"},"modified":"2026-08-25T09:09:31","modified_gmt":"2026-08-25T14:09:31","slug":"discrimination-and-harassment","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/discrimination-and-harassment.html","title":{"rendered":"What’s the Difference Between Discrimination and Harassment at Work? A Guide for Employers"},"content":{"rendered":"\n
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What's the Difference Between Discrimination and Harassment at Work? A Guide for Employers<\/h1>\n\n
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\n By Catherine Hodder, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Workplace discrimination<\/span> and harassment are both illegal, but they describe different types of conduct. While all unlawful harassment is a form of discrimination<\/span>, the terms are used to define distinct issues.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n

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In short, discrimination<\/strong> typically refers to unfair treatment through adverse employment actions<\/span> (like firing or refusing to hire), while harassment<\/strong> refers to unwelcome conduct<\/span> that creates a hostile <\/span>work environment<\/span>. Understanding this difference is crucial for creating effective policies and responding correctly to employee complaints.<\/p>\n

These issues can be incredibly complex and result in fines and civil lawsuits. If you have serious concerns or questions, it\u2019s a good idea to talk to a local employment law<\/span> attorney<\/a> for legal advice<\/span>.<\/p>\n

Discrimination vs. Harassment at a Glance<\/h2>\n

While often used interchangeably, discrimination and harassment aren’t the same things. Some of the primary differences include:<\/p>\n\n\n\n\n\n\n
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Feature<\/b><\/p>\n<\/td>\n

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Discrimination<\/b><\/p>\n<\/td>\n

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Harassment<\/b><\/p>\n<\/td>\n<\/tr>\n

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What It Is<\/b><\/p>\n<\/td>\n

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Unfair treatment in employment decisions<\/span><\/p>\n<\/td>\n

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Unwelcome conduct creating a hostile environment<\/span><\/p>\n<\/td>\n<\/tr>\n

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Focus<\/b><\/p>\n<\/td>\n

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An adverse <\/span>action<\/span> (or lack of action)<\/span><\/p>\n<\/td>\n

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The <\/span>environment<\/span> and ongoing behavior<\/span><\/p>\n<\/td>\n<\/tr>\n

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Examples<\/b><\/p>\n<\/td>\n

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Refusing to hire, firing, denying a promotion, unequal pay<\/span><\/p>\n<\/td>\n

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Offensive jokes, slurs, unwanted touching, threats<\/span><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

What Is Employment Discrimination<\/span>?<\/h2>\n

Employment discrimination<\/span> occurs when an employer makes a decision about an employee’s job based on their membership in a protected class<\/span>, rather than on their individual qualifications. These decisions can relate to hiring, firing, demotions<\/span>, pay, job assignments, promotions, or benefits.<\/p>\n

Title VII of the <\/span>Civil Rights Act of 1964<\/span><\/a> prohibits discrimination based on:<\/p>\n