Do’s and Don’ts When Facing Workplace Discrimination

Despite federal and state laws that prohibit employers from engaging in discriminatory behavior due to your race, religion, sexual orientation, age, disability, or any other protected class, discrimination in the workplace continues to occur. Whether the behavior involves obvious physical touching or subtle comments that create a toxic work environment, identifying the behavior is the first step in advocating for your rights and navigating a successful workplace discrimination complaint. When pursuing an official complaint, there are a number of proactive steps to take that will ensure that your legal rights are protected and that you recover the damages to which you are entitled. However, it is just as important that you avoid common mistakes that can jeopardize your claim. A highly skilled discrimination lawyer will help you navigate this process and negotiate the best possible settlement outcome.

What Are Examples of Discriminatory Employment Practices?

Any behaviors, comments, actions, or employment practices that are based on a protected class are considered discriminatory. They can occur in every phase of employment, from the interview process and hiring to decisions about promotions, salaries, and terminations. The following are examples of discriminatory practices:

• Unfair treatment due to a protected class. Your employer may not refuse to hire or promote employees due to their race, exclude workers with disabilities from certain company events, force older employees to retire, or engage in any other behavior that is discriminatory.
• Harassment. The same laws that protect against discrimination also prohibit harassment. This can include anything from telling offensive jokes and harassing a co-worker due to their disability to leaving pornographic images on a female co-worker’s desk or sexually harassing a co-worker.
• Retaliation. Employers are legally prohibited from retaliating against an employee for filing a discrimination complaint, or participating in an investigation into allegations of workplace discrimination or harassment. Oftentimes, even if a jury finds that the employee’s claims of discrimination were unfounded, they may award significant damages if the employer retaliated against the employee for filing a discrimination complaint.

What Proactive Steps Do I Take if I Have Been Discriminated Against at Work?

If you have experienced discriminatory behavior in the workplace due to your race, religion, sexuality, disability, or any other protected class, it is important that you take steps to address the behavior and ensure that your legal rights are protected. The following are steps you should consider, particularly if you intend to take legal action:

• Document everything. Make sure that you keep detailed records of the discriminatory behavior, including dates and times that the incidents occurred, what was said or done, and who was involved. Keep copies of all emails, text messages, voicemail messages, or any other written notes that are discriminatory in nature.
• Identify witnesses. If there were colleagues, clients, or other witnesses who observed the discriminatory behavior firsthand, and are able to provide a statement about what they saw, this can provide valuable evidence to support your claim.
• Review your company’s discrimination and harassment policies. This will help you determine your company’s complaint procedures, identify the appropriate person to discuss your complaint, and ensure that you follow the reporting process.
• Report the discriminatory behavior. Discuss the nature of the discrimination with your supervisor or manager or file a complaint with Human Resources. This gives your employer the opportunity to address the issue and take steps to prevent the discrimination from continuing.
• Report any retaliation. If you have been retaliated against by your employer, notify Human Resources or your direct supervisor if they are not the ones retaliating against you. If the issue is not resolved internally, notify the appropriate government agency and discuss the issue with your discrimination lawyer. 
• If you are unable to resolve the issue internally, you may file an official complaint with the Equal Employment Opportunity Commission (EEOC) or 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.
• Seek emotional support. If you have experienced discrimination in the workplace, this can have a negative impact on your mental health, particularly if the behavior is extreme, and continues over time. Speaking with a professional counselor or therapist can help you discuss the nature of the discrimination, and the impact it has had on your career, your reputation, your ability to perform your job responsibilities, and your overall mental health. It will also demonstrate the severity of the discrimination, which may impact the outcome of your settlement. 
• Contact an experienced discrimination lawyer. A dedicated discrimination lawyer will help you navigate every step of the claims process, ensure that you understand your legal rights, and recommend the best legal course of action going forward. By working with a seasoned lawyer, you are more likely to recover the maximum damages you are entitled to than if you tried to address the situation yourself.

What Mistakes Should I Avoid if I Experienced Workplace Discrimination?

The following are examples of common mistakes that can jeopardize the outcome of your case and make it difficult to take legal action: 

• Failing to take immediate steps to document the discriminatory behavior. In order to reach a successful outcome in a workplace discrimination case, it is crucial that you collect as much evidence as possible. A failure to do so can make it difficult, if not impossible to prove that the discriminatory behavior occurred.
• Ignoring the behavior or assuming the situation will improve. Unfortunately, when there is a pattern of discrimination in the workplace, it will likely continue unless steps are taken to identify the behavior and prevent it from continuing. Rather than ignoring the behavior, or hoping that it will get better on its own, take steps to stop the behavior from continuing and pursue legal action.
• Assume there is nothing you can do to stop the behavior. There are federal and state laws in place that prohibit discriminatory behavior from occurring in the workplace. If you assume there is nothing you can do, the behavior will likely continue.
• Failing to report the discriminatory behavior to your employer. If you do not report the behavior because you are not comfortable discussing the nature of the discrimination with your employer, consider hiring a discrimination lawyer who will report the discrimination on your behalf. If you intend to file an official complaint, it is important that you will need to report the behavior before you can proceed with the complaint. 
• Relying on your employer to address the situation. While it is crucial that you report the discriminatory behavior to your employer, it is just as important that you do not assume that your employer will take the necessary action on its own. While you may be entitled to financial compensation, your employer may not take corrective action unless they are required to do so legally.
• Retaliate or quit your job. While it is understandable to feel frustrated, demeaned, and angry if you have experienced discriminatory behavior at work, responding in an aggressive way, or quitting your job is unadvisable. In addition to losing your salary and benefits, there is no guarantee that the situation will be resolved internally, or that you will get your job back.
• Discuss the details of your case. Do not share information or details about the nature of the discrimination, or any other details about the case with co-workers, or on social media. Only discuss the details of your case with your discrimination lawyer. If you share information on any of your social media platforms, this can be used against you, and jeopardize your ability to recover the damages you are entitled to.
• Attempt to navigate the situation on your own. Workplace discrimination cases can be complicated, stressful, and overwhelming. An experienced discrimination lawyer will protect your legal rights, address all of your questions and concerns, and negotiate the best possible settlement outcome that you would not be able to secure on your own.

Our Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Help Clients Navigate Workplace Discrimination Claims

If you were discriminated against at work due to your race, religion, sexual orientation, or any other protected class, it is highly recommended that you contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. at your earliest convenience. We will conduct a thorough investigation to identify the individual responsible for violating your employee rights. Our dedicated legal team will assist you with every step of the complaint process and ensure that you recover 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, Pennsylvania and Pennsauken, New Jersey, we proudly serve clients in the surrounding areas.