Discrimination in the workplace can have a devastating impact on your mental health, your ability to do your job effectively, and your financial security. It can be very difficult to go to work every day when your employer or a co-worker makes comments or engages in behavior that is discriminatory. Fortunately, there are strong anti-discrimination laws in Pennsylvania that are designed to protect employees who have been discriminated against in the workplace. While these laws are in place to prevent this type of behavior and protect individuals from illegal behavior, it can be difficult to know what steps to take if you are not sure whether your rights have been violated. A dedicated and highly skilled discrimination lawyer will discuss the nature of discriminatory behavior you have been subjected to, explain the state and federal laws that protect your rights, and recommend the best legal course of action to secure the optimal outcome.
What Are Protected Classes in Pennsylvania?
In Pennsylvania, as well as every state in the country, it is illegal to discriminate against an employee based on the following:
- Race
- Color
- Religion
- Sexual orientation
- Gender identity
- National origin
- Sex, including pregnancy, childbirth, and other related medical conditions
- Physical or mental disability
- Age
- Genetic information
- Citizenship status
What Are Examples of Discrimination in the Workplace?
Discrimination in the workplace is any behavior, harassment, or unfair treatment based on an employee’s race, gender, religion, sexuality, gender identity, nationality, or disability. According to the American Department of Labor, workplace discrimination can include disparate treatment or disparate impact. The following explains the difference between the two:
- Disparate treatment: This occurs when an employer intentionally treats an employee or a job applicant differently based on their race, gender, religion, disability, or other protected characteristic. For example, if an employer denies a promotion to a qualified female employee and gives the promotion to a less qualified man, this is disparate treatment.
- Disparate impact: This is a form of discrimination that occurs when a seemingly fair policy or practice has a negative impact on a protected class. For example, if there is a company policy in place that penalizes employees who take frequent bathroom breaks, this can have a negative effect on certain employees, including pregnant women.
Unfortunately, employee discrimination can come in many forms, from subtle jokes made about a female employee’s clothing to obvious and offensive behavior that targets an employee’s gender or religion. The following are specific examples of employment discrimination:
- Making racial slurs or derogatory remarks about an employee’s identity.
- Paying male employees higher salaries than female employees for the same amount of work and responsibility.
- Refusing to call back qualified candidates for interviews based on their ethnicity.
- Making insulting remarks or rude jokes about employees who speak another language or who have an accent.
- Refusing to provide paid sick leave to female employees who recently given birth.
- Making unwelcome sexual advances to other employees, or asking for sexual favors in the workplace.
- Terminating an employee for discussing their salaries or asking for higher pay.
- Imposing a heavy workload on certain employees with the intention of making them more likely to leave their jobs.
- Having antiquated and sexist company roles in place, including assuming that female candidates are better suited to secretarial or supportive roles as opposed to executive or leadership positions.
- Requiring employees to take tests that have no relevance to their position, but that unfairly eliminate certain employees. For example, imposing heavy lift requirements disqualifies candidates who have certain disabilities.
What Are Examples of Federal Anti-Discrimination Laws?
- Title VII of the Civil Rights Act of 1964: This is a landmark civil rights and labor law that prohibits discrimination based on race, color, sex, or national origin. This applies to all businesses and employers who have 15 or more employees. Every aspect of Title VII applies to every phase of employment, including recruitment and hiring.
- The Age Discrimination in Employment Act of 1967: This protects current and prospective employees who are over the age of 40. The law prevents employers from making hiring, promoting, compensating, and terminating decisions based on an employee’s age.
- The Equal Pay Act of 1963: This law prohibits employers from paying different salaries based on gender. For example, employers may not pay male employees more than female employees for performing the same job. If a pay disparity is found, the employer must increase the pay of the lower-paid employee, not decrease the pay of the higher-paid employee. The Equal Pay Act implements a range of factors to determine whether employees are compensated fairly, and not based on gender, including skill, education, effort, and working conditions.
- The Pregnancy Discrimination Act of 1978: This amended Title VII of the Civil Rights Act of 1964 to protect female employees from being discriminated against for having children. Employer’s policies for health benefits, paid and unpaid leave, and job reinstatement must be the same for pregnant and non-pregnant employees. In addition, employers may not retaliate against an employee for bringing attention to the discriminatory behavior or participating in legal proceedings.
- The Americans With Disabilities Act (ADA) of 1990: This law prohibits employers from discriminating against employees with disabilities in all phases of employment, including recruiting, hiring, training, promotions, social activities, and compensation within the workplace. In addition, the law states that employers must take steps to provide disabled employees and prospective employees with reasonable accommodations to help them carry out their job responsibilities.
What State Laws Protect Employees From Discrimination in Pennsylvania?
The primary state law that protects employees from discrimination in the workplace is the Pennsylvania Human Relations Act (PHRA, which was passed in 1955. Like the federal laws that protect employees from discrimination, the PHRA provides additional protections that certain federal laws do not. For example, the PHRA applies to all employers with four or more employees, including employment agencies, labor unions, and state and local government employers. In most cases, federal anti-discrimination laws only apply to companies with 15 or more employees.
In addition, in December of 2022, the Pennsylvania state legislature voted to strengthen protections for protected classes by making the following changes:
- Expand the definitions of “sex,” “race,” and “religious creed” to include LGBTQ+, as well as employees with traditionally African American hairstyles and textures.
- Ensure that the definition of “sex” includes pregnancy and breastfeeding, gender identity, sex assigned at birth, sexual orientation, and differences in sex development.
- Includes a broader definition of “race” to include ethnic characteristics, ancestry, national origin, interracial marriage, and traits associated with different ethnicities, including hairstyle, clothing, and jewelry.
- Provide an expanded definition of “religious creed” to include beliefs, observances, and practices.
What if I Am Retaliated Against for Filing a Discrimination Complaint?
If you have been discriminated against in the workplace, it is well within your rights to take legal action and file a formal complaint. However, you may be concerned that your employer may take retaliatory action against you for bringing attention to the discriminatory behavior. The following are common examples of retaliation:
- Termination
- Reduction in pay
- Demotion or transferring you to a less desirable position
- Giving you a poor performance review, despite exceeding all requirements of your position
- Withholding benefits
- Bad-mouthing you to industry leaders and potential employers
- Engaging in behavior that is threatening or harassing toward you
- Making schedule changes or demanding that you complete tasks that make work more difficult
- Going out of their way to make work conditions intolerable so that you decide to quit
Fortunately, the law protects employees whose rights have been violated at work. According to the Equal Employment Opportunity Commission (EEOC), your employer may not retaliate against you for taking any of the following steps:
- Talking to a manager or supervisor about workplace discrimination.
- Acting as a witness to an EEOC charge, investigation, lawsuit, or complaint.
- Resisting a sexual advance or intervening to protect a co-worker.
- Requesting accommodations for a religious practice or disability.
- Answering questions about a workplace discrimination investigation.
- Discussing salary information with co-workers or managers.
- Refusing to participate in discriminatory behavior.
How Will a Discrimination Lawyer Help Me With My Case?
Discrimination in the workplace is a violation of your rights. However, navigating a complaint on your own can be overwhelming. An experienced and dedicated discrimination lawyer will assist you in the following ways:
- Determine whether your complaint qualifies as discrimination.
- Collect evidence necessary to prove your claim.
- Communicate with your employer on your behalf.
- Ensure that your claim is filed properly and on time.
- Represent you in court if necessary.
- Negotiate the best possible settlement outcome.
Our Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Advocate for Victims of Workplace Discrimination
If you have experienced discrimination in the workplace, do not hesitate to contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. We will discuss the nature of the discrimination you have been subjected to and recommend the legal course of action. Our highly skilled legal team will protect your rights and negotiate a fair settlement. To schedule a free consultation, call us 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.
