Understanding Discrimination at Senior Level
Discrimination in the workplace can affect individuals at all levels and this of course includes those in senior positions. Many, we understand, assume that managers are immune to unfair treatment, but the reality is that discrimination can be just as prevalent. Discrimination at senior management level can take the form of bias in decision making, exclusion from meetings and key opportunities, a negative workplace culture, harassment and being treated unfairly, all having serious consequences for both the individual and the organisation.
Damian McCarthy is an experienced employment law specialist and an expert in workplace discrimination cases. He understands fully the unique challenges that senior leaders can face, and he is committed to helping professionals at all levels navigate these issues. In this blog we explore how senior leaders can experience discrimination, the legal protection that is available and what individuals can do and what steps can be taken to challenge unfair treatment.
Understanding Discrimination at a Senior Level
Discrimination can occur at all levels within an organisation, and senior leaders, as we have already stated, are not exempt. Despite holding high level and influential positions, many managers face different biases, and this can be because of their age, gender, race, disability, or other protected characteristics. We know that discrimination can be subtle, such as being excluded from high level decisions that need making, whilst in other situations, it can be more obvious, such as unfair dismissal.
Like individuals at all levels, senior leaders who are experiencing discrimination can find it difficult to voice their concerns and challenge the way they are being treated. They may fear damage to their professional career and reputation, the impact it may have on their career development and future job opportunities or even face retaliation from colleagues or from the organisation.
However, discrimination at the very top of an organisation can have a knock on effect and it can influence the culture, employee morale, and the overall success of the business. When senior leaders are subjected to discrimination, it sends a message to the entire organisation that unfair treatment is ok and that it is tolerated, which can create a negative and untrusted work environment and can lead to higher turnover rates and low employee engagement and drive.
Types of Discrimination Faced by Senior Leaders
Bias
If you are a senior leader, you may find yourself being overlooked for a promotion or career development opportunity or excluded from specific meetings due to unconscious bias or discriminatory practices. Bias can include ageism, gender bias, and racial discrimination and these are common factors that can influence this way of working within the workplace and can create significant barriers to professional growth, equal opportunity and a fair place to work.
Exclusion
As touched on above, discrimination can manifest through exclusion from specific meetings, projects, strategic discussions, training and promotional opportunities. This can have such a detrimental effect on the individual and the organisation, limiting a leader’s influence and impact within the organisation, making it difficult for them to contribute and add value and ultimately impacting the organisation’s culture and growth potential. When senior leaders are excluded, it not only impacts innovation and strategic growth but also creates a culture where discrimination is accepted and normalised, leading to lack of trust and low morale.
Harassment
Individuals at a senior level may experience harassment in the workplace, through derogatory comments or targeted exclusion. This negative way of working can affect how said leaders work due to their wellbeing being impacted, their trust in the organisation and their ability to lead effectively as a result. When a leader is subjected to harassment, it can affect their confidence, ability to make the right decisions and their overall job satisfaction. This not only affects their own personal career but can also have wider consequences on their teams, staff and the overall culture.
Unfair Dismissal
Through cases that the team at Damian McCarthy have worked on, they have witnessed senior leaders being forced out of their roles and positions through unfair treatment or have experienced being dismissed from their roles unfairly. In other situations, leaders have felt forced to resign due to ongoing unfair treatment and hostility within the workplace, leaving them with little choice but to step away to protect their wellbeing.
Unequal Pay and Benefits
Despite the level that many senior leaders are, some face wage disparities compared to their peers. This can be because of discrimination. Unequal pay can mean lower salaries, smaller bonuses, or fewer benefits despite having the same level of responsibility and experience. This type of discrimination not only impacts the individual financially, but it can also undermine their value and contributions within the organisation, leading to a lack of motivation, job dissatisfaction, and a loss of trust in the company.
Legal Protections Under the Equality Act 2010
The Equality Act 2010 is here to protect employees at all levels from discrimination based on characteristics such as age, race, gender, disability, religion, and sexual orientation. The legislation has the following duties:
- Ensure that all employees, including senior leaders, are treated fairly and without bias.
- Provide equal opportunities for career development.
- Prevent workplace harassment and discriminatory practices.
- Offer fair pay structures and benefits.
If an employer fails to follow these legal obligations, individuals have the right to challenge discrimination through formal internal grievance procedures or legal action, working in partnership with an employment law specialist like Damian McCarthy.
Challenging Discrimination
If you are a senior leader experiencing discrimination, it is important and crucial to take the following proactive steps to protect your rights, and of course your career:
- Document Everything – Keep a record of everything you experience, including what has taken place, dates, individuals involved, and the impact it has had on you. This step is essential to support your case.
- Report the Discrimination Internally – Many organisations have formal internal processes to report and address discrimination. Raising concerns internally may lead to a resolution before legal action becomes necessary.
- Seek Legal Advice – Contact an employment law specialist like Damian McCarthy. They will help you understand your rights and explore your legal options.
Contact Damian McCarthy Today
If you are a senior leader and you are experiencing discrimination, it can be isolating and challenging, but it is so important to know and be reassured that legal protection exists and is there to help you. No one, regardless of their position, should have to tolerate or experience unfair treatment in the workplace. If you are facing discrimination, contact Damian McCarthy today. We specialise in employment law and are dedicated to helping professionals challenge workplace discrimination.
