When your employer treats you unfairly based on your race, gender, religion, age, disability, sexual orientation, or any other protected class, this can affect all aspects of the employment process, from interviews and the hiring process to promotions, pay increases, and terminations. However, employers are not the only people who engage in rude, offensive, and discriminatory behavior towards other employees. Oftentimes, co-workers make comments, or engage in behavior that crosses the line, creating an unpleasant, toxic, and even hostile work environment.
While not every comment or action rises to the level of a legal violation, your employer has a responsibility to take action if you are being discriminated against by a fellow employee. An experienced discrimination lawyer will protect your legal rights, determine whether a co-worker’s behavior was based on a legally protected characteristic, and negotiate a fair settlement.
What Is Discrimination in the Workplace?
“Workplace discrimination” occurs when an employer, supervisor, or co-worker treats another employee differently, or less favorably, simply because of their race, color, religion, sex, sexual orientation, gender identity, age, national origin, disability, or genetic information. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that protect employees from discrimination if it involved the following:
- Unfair treatment: You may not be treated unfairly in the workplace based on a protected characteristic.
- Harassment: Managers, supervisors, co-workers, and others in the workplace may not engage in harassing behavior that is based on a protected characteristic.
- Inappropriate questions: It is illegal for an employer or co-worker to ask improper questions, or disclose information about your medical or genetic information.
- Retaliation: It is unlawful for an employer or co-worker to retaliate against you for filing a complaint or assisting with an investigation.
What Is Co-Worker Discrimination?
“Co-worker discrimination” occurs when a fellow employee treats a colleague unfairly due to their race, skin color, religion, gender, sexual orientation, national origin, age, disability, or genetic information, creating a hostile work environment. Examples include offensive jokes, racial slurs, or insults based on a protected trait, deliberately excluding a co-worker from meetings, social events, or group projects, giving unfair or particularly harsh criticism that is not given to other co-workers, making negative comments based on stereotypes of their group’s identity, or failing to treat a co-worker equally based on their own biases.
The following are examples of co-worker discrimination:
- Nichols v. Azteca Rest. Enterprises, Inc.: The plaintiff was subjected to ongoing insults and name-calling by male co-workers because they did not think he had the qualities that fit the male stereotype. According to the plaintiff, male co-workers and a supervisor referred to him as “she” and “her,” mocked him for the way he walked, and called him an offensive gay slur. After complaining to the assistant and general managers, the company made no effort to address the problem or prevent the behavior from continuing. The Ninth Circuit held the company liable for the harassment, stating that the employer failed to meet its remedial obligations.
- Rehmani v. Superior Court: The plaintiff was a Pakistani Muslim who faced ongoing comments and offensive jokes from co-workers about the terrorist activity in Pakistan and Afghanistan, and that the countries should be wiped out. Rehmani reported the alleged discrimination based on his Pakistani nationality and Muslim faith by co-workers and his employer. While the court initially dismissed the claims via summary judgment, the Court of Appeal overturned the decision, allowing the Rehmani’s claims for religious and national origin discrimination to go to trial.
Can My Employer Be Held Liable for Discrimination by a Co-Worker?
If you are being harassed or discriminated against by a co-worker, your employee may be liable if they knew, or should have known about the harassment, but failed to take immediate steps to address the issue. Federal and state laws protect employees who have faced discrimination during the hiring process, compensation, job assignments, promotions, training programs, salary and bonuses, and any other terms and conditions of employment. For example, under Title VII of the Civil Rights Act, employers may be held liable for discrimination by a co-worker if they did not address the problem after being informed about the behavior by an employee. The liability becomes even stronger if the harassment leads to an employment consequence, like fewer hours or being reassigned to a different position. These laws apply whether the discrimination involves an employer or a co-worker.
Similar to the federal standards under Title VII of the Civil Rights Act, the Pennsylvania Human Relations Act (PHRA) makes the employer liable for discriminatory behavior by a co-worker if the following principles apply:
- The employer was aware of the behavior. While the employer may not be automatically liable for discrimination by a co-worker, they do become responsible if they knew, or should have known about the co-worker’s discrimination. In order to hold the employer liable for discrimination by a co-worker, the employer must have actual knowledge or constructive knowledge of the behavior.
– Actual knowledge: This occurs when the employee who has been discriminated against by a co-worker reports the behavior and a formal complaint is filed. The employer has a legal duty to act once they have actual knowledge of the behavior.
– Constructive knowledge: The employer may be liable for the behavior if they should have been aware of the behavior, even if the employee who has been discriminated against has not made a formal complaint. This is true if the behavior was obvious, occurred on a regular basis, and was observed by the employee’s supervisors, who ignored the behavior. - The employer failed to take action. The employer becomes liable for a co-worker’s discrimination when they fail to take the necessary action as soon as they are made aware of the behavior. This may include conducting a thorough investigation into the nature of the complaint, interviewing witnesses, disciplining the offending employee or employees, providing training about discriminatory behavior, issuing warning, and reassigning employees, if necessary. If the employer’s response was delayed, or lacked a sense of urgency, the company can be exposed to liability. For example, if the employer ignored evidence, did not follow up on a complaint, or allowed the behavior to continue, this will likely be considered legally insufficient action.
- The employer was negligent. If the employer negligently or recklessly failed to train, discipline, or terminate the co-worker after being put on notice for the discriminatory behavior, the employer will likely be held liable for the discrimination by the co-worker.
Is an Employer Liable for Discrimination That Is Not Reported?
While a formal complaint should trigger immediate action by an employer, the employer can be liable for discrimination that is not reported by the employee who has been the victim of discrimination. Employers have a responsibility to prevent discrimination in the workplace, and take the necessary steps to address it when they become aware of the problem. When an employer fails to address discrimination in the workplace, this creates a hostile work environment.
What Should I Do if I Am Being Discriminated Against by a Co-Worker?
Whether you are facing discrimination by an employer, a supervisor, or a co-worker, the following are steps you can take to file a claim for employment discrimination:
- Report the discrimination to your supervisor or a Human Resources professional.
- If the issue is not resolved internally, you may file a complaint with the Pennsylvania Human Relations Commission (PHRC) or the EEOC within 180 days of the last discriminatory act. If you file your complaint after the deadline passes, your claim will likely be denied and you will be unable to pursue legal action or recover any damages. The PHRC handles complaints under the PHRA for employers with four or more employees, whereas the EEOC handles federal discrimination complaints. Oftentimes, filing with one agency gets your complaint cross-filed with the other.
- The agency conducts an investigation. The EEOC or PHRC will gather information from you and your employer about the complaint, determine whether your rights have been violated, and proceed with an investigation. Depending on the evidence available, the EEOC or PHRC may recommend resolving the complaint through mediation.
- If the issue is not resolved through mediation, two things may happen. Either the agency will file a lawsuit, or they will issue you a “right-to-sue” letter allowing you to file a lawsuit in court. A highly skilled discrimination lawyer will guide you through every step of the complaint process, address any questions or concerns you may have, and negotiate the best possible settlement outcome.
Our Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Represent Employees Facing Co-Worker Discrimination
If you were discriminated against in the workplace by a co-worker, it is highly recommended that you contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. Your employer has a responsibility to ensure that employees are not discriminated against in the workplace due to their race, religion, sexual orientation, gender identity, or any other protected characteristic. To schedule a free consultation, call 215-569-1999 or contact us online. With office locations in Philadelphia and Pennsauken, New Jersey, we proudly serve clients in Pennsylvania and New Jersey.
