Legal Strategies Against Workplace Discrimination. 215-569-1999

Discrimination in the workplace continues to occur, despite the federal and state laws in place that prohibit discriminatory behavior based on one’s race, religion, nationality, sexual orientation, age, disability, or any other protected characteristic. In fact, according to a recent study, over 60% of employees in the United States have either witnessed or experienced discrimination at work. While discrimination can take many forms, from subtle comments or jokes to obvious and egregious behavior like unwanted physical touching or making extremely offensive racist remarks, this type of behavior is prohibited by law.

However, it can be difficult to know what steps to take to effectively combat discrimination and ensure that your legal rights are protected. A dedicated discrimination lawyer will discuss the details of your case, determine the nature of the discriminatory behavior, and recommend the best legal course of action.

What Is Discrimination in the Workplace?

According to the Equal Employment Opportunity Commission (EEOC), workplace discrimination occurs when an employer treats an employee unfairly based on a protected characteristic, including race, religion, nationality, sexual orientation, gender, age, disability, or genetic information. Workplace discrimination can occur in many ways, including the following:

Unfair treatment: This occurs when an employer treats an employee differently or less favorably due to their protected characteristic. Examples of unfair treatment include being passed over for a promotion, being excluded from important meetings or events, receiving negative performance reviews, or being assigned an unfairly excessive workload.
Harassment: This is any type of unwelcome conduct that violates an employee’s legal rights and creates an intimidating, toxic, offensive, or hostile work environment. Examples of harassment include making offensive jokes about an employee’s gender or sexual orientation, sending sexually explicit messages via email, voicemail, or on social media, or unwanted sexual advances or requests for sexual favors.
Denial of reasonable accommodations: Employers are legally required to provide reasonable accommodations for employees with disabilities or certain religious beliefs, unless doing so would cause undue hardship. If an employer denies these accommodations, this is a form of discrimination.
Retaliation: Employers are legally prohibited from retaliating against an employee for filing a discrimination complaint, or participating in an ongoing investigation or lawsuit related to discrimination in the workplace.

What Employment Laws Protect Against Discrimination in the Workplace?

If your employer has engaged in discriminatory behavior against you, several state and federal laws are in place to prohibit this behavior and protect your legal rights. The following are examples of federal anti-discrimination and harassment laws:

Title VII of the Civil Rights Act of 1964: This law prohibits discrimination in the terms and conditions of employment based on race, color, national origin, sex, and religion.
Age Discrimination in Employment Act (ADEA): This law prohibits employers from discriminating against employees based on age for employees who are over the age of 40.
Americans with Disabilities Act (ADA): This prohibits employers from discriminating against workers who have a disability. This law also requires employers to make reasonable accommodations to allow access to buildings and ensure that employees are able to perform their job responsibilities.
Family and Medical Leave Act (FMLA): This federal law requires employers to provide up to 12 weeks of family leave for approved personal or family medical needs without discriminating against them or prohibiting them from taking this time.

In addition to the above federal laws, the Pennsylvania Human Relations Act (PHRA) is a state law that protects employees from workplace discrimination. In addition to prohibiting discrimination in the workplace based on race, color, age, sex, religion, national origin, disability, and retaliation, recent amendments have expanded these protections to include the following:

Pregnancy, childbirth, gender identity, and sexual orientation.
Additional race protections, including the C.R.O.W.N. Act, which stands for Creating a Respectful and Open World for Natural Hair. This protects employees from discrimination based on their hair texture or protective hairstyles.
“Religious Creed” covers all aspects of an employee’s religious beliefs and observances, including holidays, prayer time, and fasting.

How Do I Prove Workplace Discrimination?

Depending on the nature of the behavior, discrimination in the workplace can be difficult to prove. According to the EEOC, there were over 70,800 charges of workplace discrimination resolved in 2020, yet only 17.4% of those cases were decided in favor of the employee who filed the complaint. To prove discrimination, three types of evidence can help support your claim and result in a successful outcome, including the following:

Direct evidence: This involves explicit statements or documents that directly demonstrate a discriminatory event. For example, if your employer sent you an email stating that you were passed over for a promotion because of your age, the email can be used as direct evidence. While rare, this type of evidence is the most effective at proving discrimination.
Circumstantial evidence: Also referred to as “indirect evidence,” this involves indirect indicators of discriminatory behavior or bias, and can include patterns of behavior like consistently promoting younger employees over older employees, statistical disparities, like a lack of diversity in leadership positions, and inconsistencies in the company’s policies and procedures.
Testimonial evidence: This involves statements from individuals who observed the discriminatory behavior or have first-hand knowledge of discrimination in the workplace. Examples include statements from co-workers or supervisors, depositions from key witnesses or decisionmakers, and testimonies from Human Resources professionals, industry specialists, or other experts.

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

If your employer has discriminated against you, and you are considering taking legal action, it is highly recommended that you take the following steps:

Familiarize yourself with your company’s anti-discrimination policy. Review your company’s policies and procedures regarding discrimination. If the policy clearly states that all employees are prohibited from discriminating against another employee based on race, religion, gender, sexual orientation, disability, age, or any other protected characteristic, this can benefit your position and support your claim.
Report the discrimination to your employer or a Human Resources professional. Oftentimes, discriminatory behavior goes unrecognized, particularly if it is more subtle in nature. Your employer should follow the company’s policy regarding workplace discrimination and take the necessary steps to resolve the issue.
Collect evidence. Make sure that you keep copies of any emails, text messages, voicemails, or other communications that provide evidence of discriminatory behavior. Request copies of performance reviews, as well as written reports of your discrimination or harassment complaints. Your employer is legally required to consider all reports of discrimination on time. If there were colleagues or other individuals who witnessed the discrimination first-hand, ask if they would be willing to provide a statement supporting your claim.
Consult with a discrimination lawyer. An experienced discrimination lawyer understands the state and federal laws, filing requirements, and how to successfully navigate complex issues that may arise. It is in your best interest to contact a highly skilled discrimination lawyer as soon as possible to ensure that your legal rights are protected at all times.
File an official complaint. If you are unsatisfied with the company’s response, you can file an official complaint, either with the EEOC or the 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.
Report any retaliation. If you have been retaliated against by your employer for reporting discrimination in the workplace or participating in an investigation into discriminatory or harassing behavior, you must report this behavior as soon as possible. It is illegal to retaliate against an employee in any way, including terminating your employment, reducing your salary, excluding you from important meetings, or creating a hostile work environment that makes you feel threatened, intimidated, fearful, or disrespected.

Our Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Represent Clients Who Have Been Discriminated Against at Work

If you have been discriminated against in the workplace due to your race, religion, gender, sexual orientation, age, disability, or any other protected characteristic, it is highly recommended that you contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. as soon as possible. We will determine the nature of the discrimination, obtain the evidence necessary to support your claim, 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. Located in Philadelphia and Malvern, PA, Pennsauken, NJ, and New York, NY, we serve clients in the surrounding areas.