Employers are legally prohibited from discriminating against employees based on their race, religion, nationality, sexual orientation, age, disability, or any other protected characteristic. Yet, despite the federal and state anti-discrimination laws that are in place, this type of behavior continues to occur across a range of industries. If you have been discriminated against at work, there are steps you can take to 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 weaken your position and jeopardize the outcome of your case.
A highly skilled discrimination lawyer will ensure that your legal rights are protected, help you avoid mistakes that can prevent you from obtaining the justice you deserve, and negotiate the best possible settlement outcome.
What Mistakes Should I Avoid if I Have Faced Discrimination in the Workplace?
Discrimination comes in many forms, from subtle comments or jokes to obvious, unwanted physical touching or extremely offensive behavior based on one’s race, religion, sex, or other protected characteristic. Regardless of the nature of the discrimination, this can take a serious toll on your confidence, your ability to earn a living, and your mental health. If you intend to file an official complaint, you must avoid the following mistakes, which can harm the outcome of your case:
- Ignoring the warning signs. Too often, discrimination starts with subtle behaviors like being excluded from dinners with clients, passed over for promotions, or subjected to biased comments. However, while isolated incidents may seem ambiguous, you must not dismiss or minimize the behavior, particularly if it becomes a pattern.
- Failing to document the discrimination. You must keep a detailed record of the discriminatory behavior, including copies of emails, performance reviews, text messages, and voicemails, as well as statements from witnesses if other employees witnessed the behavior. If you do not have sufficient evidence to support your claim, it will be difficult to prove that your employer engaged in discriminatory behavior against you.
- Not understanding what qualifies as discrimination. In order to be considered discrimination, the behavior must be based on a protected characteristic. If a claim does not fall under Title VII, the ADA, or other federal protections, the Equal Employment Opportunity Commission (EEOC) will likely dismiss your claim.
- Waiting too long to report the behavior. Employees often hesitate to report discrimination in the workplace because they are afraid that their employer will retaliate against them. However, the longer you wait to report the discrimination, the more difficult it can become to obtain evidence, particularly when you may forget certain details over time. More importantly, employers are legally prohibited from retaliating against employees for reporting discriminatory behavior or participating in an ongoing investigation. Finally, if you let too much time go by, the “statute of limitations” for filing a complaint may expire, preventing you from being able to file a complaint at all.
- Not following your employer’s complaint procedures. Most companies have procedures in place that provide instructions for reporting discriminatory behavior in the workplace. In most cases, you would report the behavior to your supervisor, Human Resources department, or another designated person within the company. If you do not go through the proper channels, your employer may argue that they did not have the opportunity to address your claim before you filed an official claim with a state or federal agency.
- Discussing the details of your case publicly. While it is tempting to discuss the discriminatory behavior with co-workers or share your experience on your social media platforms, this can backfire and derail your case. Anything you post on social media can be taken out of context and used against you to discredit your claim. Fellow employees may unintentionally share information that was meant to be confidential. A conversation that you thought was private can become workplace gossip, jeopardizing the strength of your claim.
- Accepting a quick settlement. Your employer may offer a quick settlement in an effort to resolve the case as soon as possible, particularly if they know that they are at fault. Oftentimes, however, this settlement offer is much lower than what you could recover if you pursue an official complaint and work with an employment lawyer who will negotiate on your behalf to ensure that you receive the maximum financial compensation you deserve, as well as lost wages, emotional distress, and other losses.
- Quitting your job without seeking legal counsel first. If you are experiencing a pattern of discriminatory behavior at work, it may feel like your only option is to resign and seek employment elsewhere. Keep in mind, however, that this can prevent you from being able to recover damages or hold your employer liable for their behavior. Ultimately, you must make the decision that is best for you, but it is in your best interest to discuss the matter with an experienced employment lawyer and explore your options.
- Handling the complaint on your own. Workplace discrimination cases can be complicated, and often involve Human Resources investigations, legal deadlines, and other potentially complex steps that can be difficult to navigate on your own. It is highly recommended that you work closely with an experienced discrimination lawyer who will address all of your questions and concerns, help you navigate every step of the process, and ensure that your legal rights are protected at all times.
What Are Common Signs of Discrimination in the Workplace?
Unfortunately, discrimination can happen during every phase of employment, from the application and hiring process to promotions, changes in salary, and terminations. In some cases, these discriminatory behaviors are obvious, whereas others are more subtle. Despite being common in the workplace, discrimination can be difficult to identify. According to the EEOC, discrimination occurs when an employer treats an employee unfairly or unfavorably due to a protected characteristic, including race, religion, gender, sexual orientation, age, disability, national origin, or genetic information. The following are common examples of workplace discrimination:
- Unfair treatment. If you are being treated differently or less favorably than other employees due to your protected characteristic, this is a sign of discrimination. Examples include the following:
– You have been denied training, mentorship, or other career development opportunities.
– You have been passed over for promotions that have gone to less qualified employees who are not part of a protected class.
– You have received negative performance reviews, despite meeting or exceeding all of your employment expectations. - Hostile work environment. “Harassment” is one of the most common causes of a hostile work environment, and can range from offhand remarks or jokes to comments or behavior that are threatening. Harassment becomes illegal when it creates a hostile environment, or when your job is threatened if you refuse to endure the harassing behavior. Harassment may include the following behaviors:
– Derogatory comments or slurs.
– Offensive jokes related to your protected class.
– Repeated and unwanted physical contact of intimidation.
– Displaying racist, sexist, explicit, or otherwise inappropriate material in the workplace. - Unequal pay. If you are being paid less than another employee in a similar position due to your protected class, despite having more experience and qualifications, this is discriminatory behavior.
- Microaggressions. These are subtle comments or behaviors that communicate negative or hostile messages to employees who are members of a protected class.
What Do I Do if I Experience Workplace Discrimination?
In addition to avoiding the common mistakes discussed, there are proactive steps you can take if you are experiencing discrimination in the workplace, including the following:
- Document everything. Keep records of all dates, times, and details of discriminatory behavior, including emails, memos, text messages, and other communications. Obtain copies of performance reviews, disciplinary actions, and promotion records, as well as any attempts you made to report the discrimination.
- File a complaint with the EEOC, the Pennsylvania Human Relations Commission (PHRC), or both. The agency will conduct an investigation into the nature of your complaint. If the agency determines that there is cause for discrimination, it will issue a “Right-to-Sue” letter, allowing you to pursue a lawsuit in federal or state court.
- Contact a discrimination lawyer, who will evaluate the details of your case, help you navigate every step of the complaint process, and advocate for you in court, if necessary.
Our Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Advocate for Clients Who Have Experienced Workplace Discrimination
If you have been discriminated against at work, it is highly recommended that you contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. at your earliest convenience. We will address any questions or concerns you may have, help you avoid common mistakes that can negatively impact the outcome of your case, and ensure that your legal rights are protected at all times. Our dedicated legal team will pursue the maximum damages to which you are entitled, including lost wages, benefits, pain and suffering, and other losses. 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.
