Seek Support if You’re Experiencing Discrimination. 215-569-1999

Discrimination in the workplace can range from subtle comments about one’s appearance to blatant sexual harassment. It can occur at any stage of employment, from the hiring process to negotiating a raise or a promotion to being unfairly terminated. Regardless of the nature of the discriminatory behavior, there are employment laws in place that protect employees’ basic right to fair and equal treatment in the workplace. If you have been discriminated against at work by an employer or a co-worker, your first step should be to inform your supervisor or a Human Resources professional. However, if your complaint is not taken seriously, you can report the behavior to the proper state or federal agency.

What Is Considered Discrimination in the Workplace?

Before you bring discriminatory behavior to the attention of a supervisor or Human Resources, it is helpful to understand whether the behavior you have been subjected to qualifies as unlawful discrimination. Ultimately, discrimination in the workplace occurs when an employer or co-worker treats you unfairly based on characteristics that are protected by state and federal law. It is illegal to discriminate against someone based on the following:

Race
Color
Sex
Gender identity or sexual orientation
Age
Pregnancy
Religion
Marital status
Disability
National origin

What Are Examples of Discriminatory Behavior in the Workplace?

If you have been discriminated against in the workplace, this can have a negative impact on your mental health, your physical health, and your ability to be a productive employee, particularly if the discriminatory behavior continues to occur. The following are specific examples of behavior in the workplace that are considered to be discrimination:

Your employer or co-worker often makes rude comments about your race or gender identity.
You have been passed over for a well-deserved promotion after announcing your pregnancy.
You have a disability, and your employer refuses to put reasonable accommodations in place for you.
You were terminated for complaining about the discriminatory behavior.
You have been disciplined for behavior that other employees do on a regular basis without facing any consequence.
Your employer refuses to approve a personal day request so that you can observe a religious holiday.
Your employer consistently pays women and minorities significantly less than white men.
Your employer has denied disability benefits and certain retirement options due to your status as a member of a protected class.

How Will Human Resources Help Me With My Complaint?

If you are experiencing any problems at work, you have probably been told to discuss the issue with Human Resources. However, the ultimate goal of a company’s Human Resources department is to protect the company. If, after reviewing your complaint, it is in the company’s best interest to take disciplinary action against the person responsible for the discriminatory behavior, they will take the necessary action. However, if taking disciplinary action is going to have a negative impact on the company, it is unlikely that they will do so. In other words, protecting the company is the top priority, and the interests of the employees come second.

That being said, it is still in your best interest to report a discrimination issue to Human Resources because it ensures that your complaint is on record. If your Human Resources department fails to effectively respond to your complaint, and you report the incident to the Equal Employment Opportunity Commission (EEOC), there will be an electronic record of the complaint you sent to Human Resources, as well as their response or lack of response.

What Are the Steps Involved in Filing a Discrimination Complaint?

If you are considering taking your complaint to the next level after notifying your Human Resources department, there are a number of steps you will need to take in order to build a strong formal complaint, including the following:

Review the list of protected categories to confirm that your complaint is valid and the discriminatory behavior is illegal.
Document the evidence of discrimination. It is important that you start collecting evidence of the discriminatory behavior, including emails, text messages, video or audio recordings, and chat logs. Keep detailed notes summarizing the date, time, and location of what happened.
File a complaint. Before you file a lawsuit against your employer, you must file a complaint of discrimination with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC). Your complaint must be filed within 180 days of the discriminatory behavior. Whether you file your complaint with the EEOC or the PHRC, the agency will cross-file your complaint if it believes the other agency will be more effective at handling your complaint.
Once your complaint has been filed, an investigator will be assigned to your case. You and your employer will need to complete questionnaires. If the investigator needs to collect additional information, they may follow up with you with phone calls or in-person meetings. The EEOC or PHRC has the authority to mediate between you and your employer. If an agreement cannot be reached, the agency will determine whether to file a lawsuit against your employer on your behalf.
If the EEOC or PHRC decides to proceed with your claim, they will file a lawsuit against your employer and work with you during the legal proceedings. If the agency decides not to pursue a lawsuit against your employer on your behalf, it will send you a “right-to-sue” letter, which allows you to file a claim in federal or state court. You have a certain amount of time to file a claim based on the agency that provided the “right-to-sue” letter. If you receive a letter from the EEOC, you have 90 days from the date of the letter to file a claim in court. If your letter comes from the PHRC, you have two years to file a claim in court. If you file a lawsuit after the deadline has passed, you will be unable to pursue a discrimination lawsuit against your employer.

How Can a Discrimination Lawyer Help Me File a Complaint?

If you have been discriminated against in the workplace, it is in your best interest to contact an experienced and highly skilled discrimination lawyer who will protect your legal rights, help you navigate every step of the complaint process, and negotiate the best possible outcome. The following are some of the ways that a discrimination lawyer will help you with your complaint:

Determine whether you have a valid claim. A dedicated discrimination lawyer will review the details of your complaint to determine whether it qualifies as unlawful discrimination under federal, state, and local laws. They will discuss the nature of your complaint and identify the protected category involved, including race, gender, disability, age, sexual orientation, etc.
Help gather evidence. In order to reach the best possible outcome in your complaint, you will need to collect as much evidence as possible to support your complaint. Your discrimination lawyer will advise you on what evidence will strengthen your case, including emails, text messages, performance reviews, witness statements, copies of pay stubs, disciplinary records, and a detailed written timeline of events. They will also discuss common mistakes that can jeopardize your complaint, like deleting important messages or confronting the accused in an unprofessional way.
Recommend the correct agency to file your complaint. Depending on the details of your case, a discrimination lawyer will recommend the appropriate agency, including the Philadelphia Commission on Human Relations (PCHR), the PHRC, or the EEOC. In some cases, your discrimination lawyer may recommend that you file with more than one agency if it is in your best interest to do so.
Prepare and file the complaint. Your discrimination lawyer will oversee every step of the complaint process, from drafting the formal complaint to confirming the facts are clear to ensuring that the complaint is filed well before the deadline. This is an important part of the process, since complaints become legal records and may be used in court.
Communicate with your employer and the agencies involved. There are a number of things that may happen once your complaint has been filed. The agency may contact your employer, at which point your employer may issue a formal response. Your discrimination lawyer will communicate with both parties so that you do not have to navigate intimidating or stressful communications without legal representation.
Protect you from retaliation. It is illegal for your employer to retaliate against you for filing a discrimination complaint. Your discrimination lawyer will take immediate steps to protect your rights and build a strong legal case.
Negotiate the best settlement outcome. Depending on the circumstances of your complaint and the outcome you are seeking, your discrimination lawyer will either represent you in court or negotiate a fair settlement, whether that means reinstating your job, securing back pay, seeking damages for emotional distress, or negotiating financial compensation.

Our Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Represent Victims of Discrimination in the Workplace

If you have been discriminated against by your employer or a co-worker, contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. For a free consultation, call today at 215-569-1999 or contact us online. With office locations in Philadelphia and Pennsauken, New Jersey, we proudly serve clients in the surrounding areas.