Are Workers Protected After Complaining About Discrimination?

One of the most common reasons employees hesitate to report discrimination in the workplace is the fear of retaliation from their employer. While this is a valid fear, there are federal and state laws in place that prohibit employers from retaliating against employees for reporting discrimination in the workplace or participating in an ongoing investigation. However, despite the laws that protect employees, reporting discriminatory behavior can be an overwhelming and intimidating process, and one you should not face on your own. A highly skilled discrimination lawyer will work closely with you to determine the nature of the discrimination, assist you with the process of filing an official complaint, and ensure that your legal rights are protected if your employer takes retaliatory action against you.

What Are Examples of Employment Retaliation?

According to the Equal Employment Opportunity Commission (EEOC), employment retaliation occurs when an employer takes adverse action against an employee or applicant for engaging in legally protected activity under federal anti-discrimination laws. The laws against retaliation apply to employees who file complaints about discriminatory behavior, as well as those who participate in investigations into behavior that is prohibited by anti-discrimination laws. The following are examples of behaviors that are considered unlawful retaliation:

• Unfairly negative performance review that does not reflect your work ethic, professionalism, and commitment to your job.
• Unwarranted disciplinary actions or written warnings.
• Changes in job responsibilities to make an employee’s work more difficult.
• Demotions or being reassigned to less desirable positions.
• Reductions in salary, compensation, and other financial benefits.
• Withholding bonuses or other financial incentives.
• Falsely accusing an employee of wrongdoing.
• Denying an employee reasonable accommodations for reporting disability discrimination.
• Forcing an employee to sign an unreasonable agreement.
• Hostile, threatening, or derogatory comments.
• Public criticism or spreading gossip as retaliation for reporting discrimination.
• Providing negative references.
• Forcing an employee to work overtime or weekend hours.
• Making false accusations against the employee who reported the discrimination.
• Exclusion from opportunities or workplace activities.
• Unfair termination or forcing an employee to retire.

What Laws Protect Employees Against Workplace Retaliation?

If you have been discriminated against in the workplace, and you are concerned that your employer will take retaliatory action against you, there are federal and state laws in place that protect Philadelphia employees, including the following:

• The Civil Rights Act of 1964: This protects employees who complain about discriminatory behavior that is based on sex, race, religion, national origin, age, disability, or any other protected characteristic. 
• The Pennsylvania Human Relations Act (PHRA): This is an anti-discrimination state law that protects employees who complain about discrimination in the workplace that is based on a protected class.
• The Pennsylvania Whistleblower Law: This protects employees who have reported discrimination from being retaliated against for coming forward.
• The Philadelphia Fair Practices Ordinance: This city ordinance protects employees who complain about discrimination on the basis of a protected class, including race, religion, sexual orientation, gender identity, age, disability, marital status, genetic information, or domestic or sexual violence victim status.
• The Americans with Disabilities Act (ADA): This is a federal law that protects employees who complain about discriminatory behavior based on an employee’s disability.
• The Age Discrimination in Employment Act: This is a federal law that protects employees who complain about age discrimination in the workplace.
• The Fair Labor Standards Act: If employees complain about minimum wage or overtime violations based on a protected characteristic, this federal law protects them from retaliation.
• The Family and Medical Leave Act (FMLA): Employees are entitled to take up to 12 weeks of unpaid, job-protected leave for qualifying reasons. This federal law protects employees who have been retaliated against for taking leave they are entitled to based on their protected class.
• The Pregnancy Discrimination Act: This is a federal statute that protects employees from retaliation based on pregnancy, childbirth, and certain pregnancy-related issues.
• The Occupational Safety and Health Administration (OSHA): This is a federal agency that oversees a wide range of industries and ensures that working conditions are safe and free of any hazards that could increase the risk of injuries or health complications. Employers are legally prohibited from retaliating against employees for reporting OSHA violations, particularly if the retaliation is based on the person’s protected class. 

How Do I Win a Retaliation Claim in Philadelphia?

Despite the state and federal laws that are in place to protect employees from being retaliated against for filing a discrimination complaint, employers continue to take negative actions that can have extremely negative consequences for employees, including harassment, reduced job responsibilities, demotions, pay cuts, and loss of employment. In order to reach a successful claims outcome, you must be able to prove the following factors:

• You participated in a protected activity. This can include reporting discrimination, harassment, safety violations, wage and hour violations, and other illegal or unethical behavior in the workplace. In order to be protected, the activity must be based on a good-faith belief that the conduct is illegal or unethical. Employers who retaliate against employees can face legal consequences, monetary penalties, and injunctive relief.
• Document the discrimination. Keep detailed records of the discriminatory behavior, including what happened, when the behavior occurred, and who engaged in the discriminatory behavior against you. If there were witnesses who observed the behavior, ask if they would be willing to provide a statement supporting your claim.
• Demonstrate that your employer took adverse action against you. You will also need to demonstrate that your employer retaliated against you and that the adverse action was motivated by your protected characteristic.
• Consult with an experienced discrimination lawyer. It can be challenging to prove that your employer retaliated against you, particularly if the adverse action was more subtle in nature. This can be challenging to prove, so it is highly recommended that you consult with an experienced discrimination lawyer.
• File a complaint in a timely manner. If you intend to file a retaliation claim in Pennsylvania, there are strict filing deadlines in place, and the “statute of limitations” depends on the types of retaliation to which you have been subjected. For example, the deadline for filing a Whistleblower Law or PHRA Retaliation claim is 180 days from the date of the adverse action. If you are filing a Wage Retaliation claim, the statute of limitations is three years. If you file a claim after the deadlines pass, your claim will likely be denied, and you will be unable to recover any damages. Your discrimination lawyer will determine the nature of the retaliation and ensure that your claim is filed well before the statute of limitations expires.

How Can a Discrimination Lawyer Help Me With a Retaliation Claim? 

Navigating a retaliation claim can be a complex legal process. If you have been retaliated against by your employer for reporting discriminatory behavior or participating in an ongoing investigation, it is in your best interest to hire an experienced discrimination lawyer, who can provide valuable assistance, including the following:

• Evaluate the strength of your claim and thoroughly explain your legal options.
• Gather and organize the evidence necessary to support your claim, including documentation of the retaliatory behavior, witness statements, and records of communications with your employer.
• File a complaint. A highly skilled discrimination lawyer will assist you with every step involved in filing an official complaint, including ensuring that all of the necessary paperwork is filled out correctly and on time.
• Negotiate a fair settlement. A discrimination lawyer will pursue the maximum damages you are entitled to, including the following:
  – Back pay: This includes wages, benefits, bonuses, and other losses you suffered as a result of the retaliatory action.
  – Front pay: If it is not feasible to return to your position because the retaliatory action your employer took against you has damaged your professional relationship beyond repair, this compensates you for future lost earnings.
  – Emotional distress damages: In addition to the impact retaliation can have on your employment status, this type of behavior can cause significant emotional and psychological harm, including anxiety, depression, insomnia, and other forms of emotional distress. These damages provide compensation for professional counseling, therapy, and prescription medication necessary to address these issues.
  – Punitive damages: These are meant to punish employers for engaging in retaliatory behavior that is considered particularly malicious or egregious. They require clear evidence of intentional wrongdoing. The court will determine whether the employer knew that their conduct was against the law, or if management was indifferent to the retaliatory behavior. Ultimately, punitive damages are about sending a message to the employer, and not about compensating you for a specific loss.

Our Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Represent Clients in Workplace Retaliation Cases

If you have been retaliated against by your employer for reporting discriminatory behavior in the workplace, it is highly recommended that you contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. as soon as possible. We will discuss the details of your case, determine the nature of the retaliation, and ensure that your legal rights are protected at all times. Our highly skilled legal team will work tirelessly to negotiate the best possible settlement outcome you deserve. 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.