Key Evidence for Workplace Discrimination

Workplace discrimination occurs when you are treated unfairly by an employer based on your race, sexual orientation, religion, nation of origin, age, disability, or any other protected class. This type of behavior is prohibited by federal and state laws. Whether the discriminatory behavior you have experienced was a single, isolated incident or a pattern of subtle, yet upsetting and offensive behavior, these laws ensure that you are protected from discrimination, from the interview and hiring process to job assignments, compensation, and termination. If you have been discriminated against in the workplace, you may file an official complaint with the appropriate agency. However, in order to have a successful outcome, you must provide the evidence necessary to prove your discrimination claim.

How Do I Know if I Have a Valid Discrimination Complaint?

If you believe that your employer has engaged in discriminatory behavior toward you, but you are unsure about whether you have a valid complaint, the first step in building a successful case is to recognize the behavior that is considered workplace discrimination. While discrimination can take many forms, from offensive jokes to sexual harassment, the following are considered discriminatory behavior by the Equal Employment Opportunity Commission (EEOC) and the Pennsylvania Human Relations Commission (PHRC):

• Disparate treatment among employees. This occurs when an employer treats an employee differently based on their protected characteristic. This includes promoting certain employees over others, offering training opportunities to certain employees, or giving harsher disciplinary actions to certain employees. For example, if your employer regularly promotes white men over female or minority workers, regardless of qualifications, this is an example of disparate treatment. 
• Hostile work environment. This occurs when the discriminatory behavior creates a hostile, intimidating, or abusive work environment. This can affect anyone, whether they are the direct target of the behavior or an observer. For example, if your employer makes offensive racial comments about an employee’s hair or clothing on a regular basis, with no consequences or steps to address or stop the behavior, this can create a hostile work environment.
• Retaliation for reporting discrimination. Employers are legally prohibited from retaliating against an employee for reporting workplace discrimination or participating in an investigation. Examples of retaliation include reducing an employee’s hours, demoting them to a lower position, or terminating their employment. In addition to being a violation of federal EEOC laws, this discourages employees from reporting discriminatory practices.
• Unfair hiring or promotion practices. Employers are prohibited from making hiring decisions based on an applicant’s race, religion, age, marital status, sexual orientation, or other protected characteristic. In addition, once an employee has been hired, employers may not make decisions to deny a promotion, salary increase, or other employment opportunities based on their protected class. 
• Unfair pay discrepancies based on protected characteristics. Employers may not compensate employees differently from other employees based on their protected characteristics. If you notice a pattern of unfair pay disparities, where other colleagues are paid more, despite you both having the same qualifications, this could indicate wage discrimination.
• Discriminatory policies or practices. In some cases, the company may have policies in place that discriminate against certain groups of employees. For example, if there is a dress code or grooming policy that is enforced, but that discriminates against employees from a certain religious or cultural background, the policy may be discriminatory in nature.

What Evidence Do I Need to Prove Workplace Discrimination?

There are generally three types of evidence that are required to prove discrimination in the workplace, including the following:

1. Direct evidence. This is the most effective type of proof because it clearly demonstrates discriminatory intent. Getting direct evidence is rare, since employers’ discriminatory comments or behavior are often more subtle. Examples of direct evidence include the following:
   – Your supervisor tells you that you are being terminated because they need someone younger for the position.
   – You received a number of emails and text messages commenting on your traditional African American clothing or hairstyle.
   – After interviewing for a position, the employer stated that they would not be hiring you because of your sexual orientation. 
2. Disparate evidence. This means that there is a culture of treating employees and job applicants unfairly due to their membership in a protected class. This type of evidence is based on inferred meaning. For example, if you are over the age of 40, and you are able to demonstrate that there are few, if any, employees over the age of 40, and you were turned down for a position, despite being more qualified than other applicants, this may be evidence of age discrimination.
3. Policy evidence. If the company has a policy in place that discriminates against employees who are part of a protected class, whether intentional or not, this evidence can help prove a workplace discrimination claim. For example, if there is a company policy that forbids employees from being away from their work station for more than five minutes at a time per hour for any reason, this can be discriminatory against pregnant women, Muslims who require prayer times throughout the day, or employees with a medical condition.

What Legal Criteria Must Be Met to Prove Workplace Discrimination?

In addition to collecting the evidence necessary to prove that you were discriminated against in the workplace, you must meet the following legal criteria to demonstrate workplace discrimination:

• You belong to a protected class. In order to prove your discrimination claim, you must demonstrate that you belong to a protected class. For example, if you are alleging that you were discriminated against due to a disability, you will need to demonstrate the nature of your disability and that you were treated unfairly because of it. 
• Your employer made an adverse employment decision. This refers to the action taken by your employer that has had a negative impact on your employment. For example, if you were demoted, denied a promotion, or fired because of your religion, race, sexuality, or other protected class, this is an adverse employment decision that has a detrimental effect on your position.
• You met reasonable job expectations. To prove that you were discriminated against, you must show that you met all job requirements and fulfilled your qualifications.
• Your employer’s adverse actions were discriminatory in nature. You must show that the negative actions taken against you were motivated by discriminatory intent.

Frequently Asked Questions:

What Are Common Examples of Workplace Discrimination?

Discrimination in the workplace can come in many forms, and while employees often experience discriminatory behavior from their supervisor or manager, discrimination can also occur between co-workers, vendors, and clients. The following are examples of discrimination in the workplace:

• Unwelcome physical touching.
• Offensive jokes about foreign accents.
• Refusal to allow Muslim employees to participate in prayer time.
• Not allowing a Jewish employee to wear a yarmulke.
• Refusal to hire pregnant women.
• Forcing employees over the age of 50 to retire.
• Refusing to provide the necessary accommodations for employees with disabilities.
• Making offensive or derogatory comments about gay or lesbian employees.
• Wrongful termination of an employee because of their sexual orientation.
• Spreading lies about an employee who refused their employer’s sexual advances.

What Is the Statute of Limitations for Filing a Discrimination Complaint?

If you intend to file an official discrimination complaint in Pennsylvania, there are important deadlines you must meet, depending on the agency with which you file your complaint. For example, if you file a complaint with the EEOC, you have 300 days from the date of the last incident of discrimination to file your complaint. If you file with the PHRC, you have one year from the last incident to file a complaint. Your discrimination lawyer will help you navigate every step of the process and ensure that your complaint is filed well before the “statute of limitations” expires.

What Damages Am I Entitled to in a Discrimination Complaint?

If you are able to prove workplace discrimination, you may be entitled to the following damages:

• Reinstatement of employment and benefits.
• Back pay.
• Future pay.
• Reimbursement for medical expenses and other related costs.
• Reimbursement for benefit premiums.
• Pain and suffering.
• Emotional distress.
• Lawyer’s fees.
• “Punitive” damages if the discriminatory behavior was particularly malicious. These damages are meant to punish the employer and prevent this type of behavior from continuing to occur. 

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

If you or someone you know has been discriminated against at work due to their race, religion, nation of origin, sexuality, or any other protected class, do not hesitate to contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. We will determine the nature of the discrimination, help secure the evidence necessary to prove your complaint, 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 in the surrounding areas.