Discrimination in the workplace continues to happen in Philadelphia and across the country, despite the federal and state laws that prohibit discriminating against an employee based on their race, religion, sexual orientation, disability, age, or any other protected class. If you have experienced discriminatory behavior in the workplace, this can have a negative impact on your income, your reputation, and your physical and mental health.
If you are able to prove that your employer, supervisor, or co-worker engaged in discriminatory behavior, you may be entitled to financial compensation. The total damages you may recover will depend on a number of factors, including the strength of the evidence, the losses you suffered, and the severity of the discriminatory behavior. An experienced discrimination lawyer will help you navigate every step of the claims process and recover the maximum damages to which you are entitled.
What Qualifies as Workplace Discrimination?
According to the Equal Employment Opportunity Commission (EEOC), “workplace discrimination” occurs when an employee is treated differently or less favorably at work due to their race, color, religion, sexual orientation, gender status, disability, age, or any other protected class. Workplace discrimination can involve the following:
- Unfair treatment: If you are treated unfairly due to your membership in a protected class, this qualifies as workplace discrimination.
- Harassment: This includes offensive or unwelcome behavior based on a protected characteristic, resulting in a hostile work environment. Harassment can include racial slurs, inappropriate sexual advances, bullying, or threats.
- Denial of reasonable workplace change: If your employer refuses to allow certain accommodations in the workplace because of religious or cultural beliefs, or a disability, this qualifies as workplace discrimination. For example, if you have a disability, and your employer refuses to provide the accommodations necessary for you to do your job, this will likely be considered workplace discrimination.
- Improper questions or disclosure of personal information: Your employer is legally prohibited from asking you questions about your medical information, genetic information, or sexual orientation, or sharing this information with other employees.
- Retaliation: Your employer is legally prohibited from retaliating against you for making a workplace discrimination complaint, or assisting with a discrimination investigation or lawsuit.
What Damages Am I Entitled to in a Workplace Discrimination Case?
Discrimination in the workplace can have a negative impact on your ability to do your job, earn the salary and benefits you are entitled to, and maintain respectful and professional relationships with co-workers, supervisors, and employers. If you are able to successfully prove that your employer engaged in discriminatory behavior toward you, you may be entitled to the following damages:
- Back pay: This refers to the wages that you lost due to the discrimination from the date of the initial incident to the date of the jury’s determination in your favor. For example, if you were terminated by your employer because of your religious beliefs, causing you to lose wages, you may be awarded back pay from the date of your termination to when the jury reaches a decision about your case.
- Front pay: This refers to the wages that you will lose as a result of the discrimination. This can result in a significant amount of money, as it is often projected over several years or more. For example, if you are able to convince a jury that it will be difficult, if not impossible, to find another job in a year, you will be awarded front pay for that period of time. In addition, front pay is not included in “compensatory” damages for statutory caps, so it can provide financial security during the time it takes to find another job.
- Lost benefits: If the discriminatory behavior caused you to leave your job, or you were wrongfully terminated by your employer because of discrimination, causing you to lose valuable benefits, a successful discrimination claim will recover those damages as well. This may include health insurance coverage, paid vacation, retirement and pension contributions, stock options, and profit sharing.
- Compensatory and emotional distress: Also referred to as “pain and suffering,” compensatory damages are monetary awards in civil lawsuits that are meant to cover losses associated with the discriminatory behavior. This can include damage to your reputation, damage to relationships with family and friends, insomnia, mental anguish, loss of enjoyment of life, and a diagnosed psychiatric disorder like depression or anxiety. In order to recover emotional distress damages, you must be able to prove that the discrimination caused the emotional harm and not some other life event or personal issue.
- Punitive damages: These are awarded to penalize discriminatory behavior that is considered particularly egregious and discourage similar behavior from continuing to occur. In Pennsylvania, “punitive” damages are generally awarded in cases involving intentional misconduct, where an employer takes deliberate actions that are harmful to an employee, and recklessness, which occurs when an employer fails to address pervasive discrimination or harassment in the workplace.
- Lawyers’ fees: You may also be entitled to the legal fees associated with your case, including lawyers’ fees, court expenses, and expert witness fees. This prevents legal fees from cutting into your total recovery.
What Are Examples of Employment Law Claims Where Punitive Damages May Apply?
‘Punitive’ damages play an important role in employment law claims in Pennsylvania. In addition to ensuring that you recover the maximum damages you are entitled to, they help deter egregious misconduct and punish offenders for their discriminatory behavior. When seeking punitive damages, you have the burden of proving that your employer acted with malice or reckless indifference. This can be challenging to prove, which makes punitive damages less common than compensatory damages. However, when awarded, they are highly impactful.
The following are examples of employment law claims where punitive damages may apply:
- Discrimination and harassment claims: Punitive damages may be awarded if an employer engages in discriminatory behavior that is malicious or reckless, including racial discrimination, gender bias, or sexual harassment, where your employer intentionally failed to correct the behavior or take steps to prevent it from continuing to occur.
- Retaliation claims: Employers may not retaliate against an employee for reporting workplace violations or participating in an ongoing discrimination investigation. Punitive damages may be awarded if you can prove that the retaliation was malicious or extreme.
- Whistleblower cases: If an employer takes retaliatory action against an employee for reporting illegal activities in the workplace, the employee may need punitive damages if the retaliation was particularly vindictive.
- Wrongful termination: If an employer terminates an employee for discriminatory reasons, they may seek punitive damages. For example, if your employer terminates you for taking Family and Medical Leave Act (FMLA) leave, punitive damages may be justified.
How Do I Recover Damages for Workplace Discrimination in Pennsylvania?
In order to recover the maximum damages you are entitled to in a workplace discrimination claim, you must file an official complaint with the appropriate federal or state agency. The following are the steps involved in the claims process:
- File a complaint of discrimination with the federal Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC) within 180 days of the last alleged act of discrimination. Whether you file with the EEOC or PHRC, your complaint will be cross-filed with the other agency if the agency with which you filed believes that the other agency is better suited to handle your complaint.
- Once your complaint has been filed, an investigator will be assigned to your case. You and your employer will need to complete a series of questionnaires, and the investigator may follow up if additional information about the complaint is needed. If an agreement cannot be reached, the agency will determine whether legal action should be taken against your employer.
- If the agency decides to file a claim on your behalf, it will file a lawsuit against your employer and assist you with the legal proceedings. However, if the agency decides not to file a lawsuit against your employer on your behalf, they will send you a “right-to-sue” letter. Upon receipt of this letter, you will have 90 days to file a claim in court. If your claim is filed after the deadline passes, your claim will likely be denied, and you will be unable to pursue a lawsuit against your employer at a later date or recover the financial compensation you deserve. A dedicated employment lawyer will help you navigate every step of the claims process and ensure that your claim is filed well before the deadline.
Our Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Pursue Maximum Damages in Workplace Discrimination Claims
If you or someone you know was discriminated against in the workplace, and you wish to seek damages by filing a discrimination claim, do not hesitate to contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. We will discuss the details of your case and the nature of the discriminatory behavior. Our highly skilled legal team will assist you with the claims process and negotiate the best possible settlement outcome. 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 in the surrounding areas.
