It is an unfortunate reality that discrimination in the workplace continues to occur, despite the state and federal laws that are in place to protect employees from discriminatory behavior based on race, religion, ethnicity, disability, sexual orientation, or any other protected class. While some forms of workplace discrimination are obvious, others are more subtle, insidious, and more difficult to prove. Regardless of the nature of the discrimination, this type of behavior can create a toxic work environment, limit your ability to advance your career, and have a negative impact on your physical and mental health.
If you have been discriminated against in the workplace, you may be entitled to financial compensation, provided you are able to prove your claim. A highly skilled employment lawyer will discuss the nature of the details of your case, recommend the best legal course of action, and negotiate the best possible settlement outcome.
What Evidence Do I Need to Prove Workplace Discrimination?
If you have been discriminated against in the workplace, and you intend to file an official complaint, you will need to provide documentation proving your discrimination claim. A dedicated employment lawyer will examine the evidence and help you navigate every step of the claims process. The following are examples of evidence that will help prove that you were discriminated against by your employer, supervisor, or co-worker, and that you are entitled to financial compensation:
- Your personnel file. This will provide detailed information about your employment records, including whether you have had any disciplinary warnings or received poor performance evaluations. If you do not have a copy of your personnel file, your employment lawyer can request a copy from your employer.
- A copy of your employee handbook or company policies. Oftentimes, employee handbooks include detailed information about anti-discrimination or anti-harassment policies. This can provide valuable evidence to support your claim. If there is a written policy in place, your employer is required to follow it. If they failed to do so, the employee handbook can help strengthen your case.
- Diary or journal entries. If you are being harassed or discriminated against, it is in your best interest to keep detailed notes about the behavior, including the dates, times, and locations of the discriminatory behavior, a description of the illegal act, and the names of witnesses who observed the behavior firsthand.
- Copies of pay stubs. If you lost income as a result of workplace discrimination, make sure that you keep copies of your pay stubs and give them to your employment lawyer. In order to prove loss of income, you will need to show that your earnings were significantly less after the discrimination started, either due to reduced hours or reduced wages. A successful claim will ensure that your total damages include lost wages.
- Physical evidence of discrimination or harassment. If you have physical evidence that can prove that you were discriminated against in the workplace, it is crucial that you provide this evidence to your employment lawyer as soon as possible. This can include copies of emails, text messages, or voicemail messages containing vulgar or offensive messages, inappropriate pictures left on your desk, or social media posts that are discriminatory in nature.
- Mental health records. Discrimination in the workplace can have a significant impact on your mental health. If you sought mental health treatment after being discriminated against by your employer, this can affect your settlement and the total damages you are entitled to. Make sure that you provide the names and contact information of your mental health professional to your employment lawyer.
- Medical records. Ongoing discrimination can also take a serious toll on your physical health. For example, stress and trauma can cause high blood pressure and other stress-related conditions. Keep copies of your medical records and provide copies to your employment lawyer.
- Witness statements. If there were witnesses who observed your employer or supervisor engage in discriminatory behavior towards you, ask if they would be willing to provide an official statement and give their name and contact information to your employment lawyer. Witness statements provide valuable evidence to support your claim.
- Comparative evidence. If you are able to show that another employee in a similar position who is not part of a protected class was treated more favorably than you, this can be used as evidence in a discrimination claim. For example, if you were denied a promotion due to your race, and you are able to show a pattern of white employees being promoted over employees from different ethnic backgrounds, this is an example of comparative evidence.
How Do I File a Discrimination Complaint?
If you have been discriminated against due to your race, sexual orientation, religion, disability, or any other protected class, your first step should be to discuss your complaint internally with your supervisor or the Human Resources department. If you are unsatisfied with the company’s response, you can file an official complaint, either with the federal Equal Employment Opportunity Commission (EEOC) or a state agency like the Pennsylvania Human Relations Commission (PHRC). Once you have filed the complaint, the EEOC or PHRC will notify your employer and determine whether to dismiss the charge, investigate further, request that you and your employer try to settle the dispute, or resolve the issue through mediation, or recommend an alternate action.
In most cases, the agency will process your claim and issue you a “right to sue” letter. You may proceed with filing a lawsuit when you receive this letter. Your employment lawyer will assist you with every step of the complaint process, including where and when to file a lawsuit, and negotiate the best possible settlement outcome.
How Prevalent Is Workplace Discrimination in Pennsylvania?
According to statistics from the EEOC and the PHRC, Pennsylvania has among the highest rates of workplace discrimination in the United States. In fact, the EEOC ranks Pennsylvania fifth in the country for EEOC complaints. The most common complaints include the following:
- Sexual discrimination
- Disability discrimination
- Retaliation
Frequently Asked Questions:
What qualifies as a federally protected class?
Employers are prohibited from discriminating against, terminating, or retaliating against an employee on the basis of a federally protected class, including the following:
- Race
- Color
- Sex, including pregnancy and sexual orientation
- Religion
- National origin
- Gender identity
- Age
- Disability
What is the deadline for filing a discrimination complaint?
If you are filing a complaint with the EEOC, you generally have 180 days from the date of the alleged incident to file the discrimination complaint. This deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. If you file a complaint with the PHRC, you have 180 days from the date of the alleged incident to file a complaint or report a bias incident to the agency.
How will an employment lawyer help me with my case?
A dedicated employment lawyer will assist you with every step of the complaint process, from conducting an initial case evaluation to negotiating a fair settlement. The following are some of the benefits of working with a highly skilled employment lawyer:
- Thoroughly review the details of your case to determine the strength of your case. This process will involve examining documents, communications, and witness statements that support your claim.
- Collect evidence. An employment lawyer will assist you with the process of collecting the evidence that will be most effective at supporting your claim. In addition to the evidence you have collected, we will issue subpoenas for additional documents, if necessary, take depositions, and interview witnesses.
- Recommend the most effective legal strategy. When making a formal complaint, a dedicated employment lawyer will develop a personalized legal strategy that may include negotiation, mediation, or litigation, depending on the details of your case.
- File the complaint. Your employment lawyer will determine the appropriate agency to file your complaint and assist you with every step of the complaint process.
- Negotiate on your behalf. An employment lawyer will negotiate with your employer to reach a fair settlement and ensure that you recover the damages you are entitled to, including back pay, reinstatement, promotions, and other compensatory damages.
- Litigation. If a fair settlement cannot be reached with your employer, an employment lawyer will represent you in court, ensure that your legal rights are protected, and hold your employer liable for their actions.
Our Philadelphia Employment Lawyers at The Gold Law Firm P.C. Advocate for Victims of Workplace Discrimination
If you have been discriminated against at work due to your membership in a protected class, do not hesitate to contact our Philadelphia employment lawyers at The Gold Law Firm P.C. We will conduct a thorough investigation into the nature of the discriminatory behavior, obtain the evidence necessary to prove your claim, and pursue the maximum damages to which you are entitled. To schedule 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 throughout the surrounding areas.
