Workplace discrimination occurs when your employer treats you differently or unfavorably due to your race, religion, nation of origin, sexual orientation, age, disability, or any other protected characteristic. Despite the fact that this behavior is legally prohibited, discrimination in the workplace continues to occur at every phase of employment, including interviewing and hiring, promotions and job responsibilities, and terminations. If you have been discriminated against by your employer, this can derail your career, damage your reputation, threaten your financial stability, and negatively impact your physical and mental health. A highly skilled discrimination lawyer will discuss the nature of the discriminatory behavior, determine whether you have grounds for a lawsuit, and negotiate the best possible settlement outcome.
What Is Considered Discrimination in the Workplace?
According to the Equal Employment Opportunity Commission (EEOC), discrimination in the workplace occurs “when an employee is treated differently or unfairly based on their protected characteristic.” The EEOC enforces federal laws that prohibit discrimination based on the following:
- Race.
- Color.
- Religion.
- Sex (including pregnancy, childbirth, and related medical conditions).
- Sexual orientation.
- Transgender status.
- National origin.
- Age (40 or older).
- Disability.
- Genetic information, including employer requests for, or use of, genetic tests or family medical history.
What Laws Protect Employees From Workplace Discrimination?
There is a range of federal and state laws that prohibit discriminatory behavior and protect employees who have been discriminated against based on their protected class. The following are examples of federal anti-discrimination laws:
- Title VII of the Civil Rights Act: This prohibits employers from discriminating against job applicants and employees based on race, color, religion, sex, and national origin, including membership in a Native American tribe.
- Age Discrimination in Employment Act: This prohibits employers from discriminating against employees who are 40 years of age or older.
- Pregnancy Discrimination Act: This makes it illegal for employers to discriminate against employees based on pregnancy, childbirth, or related medical conditions.
- Americans With Disabilities Act (ADA): Employers are legally prohibited from discriminating against employees who have a disability, are regarded as being disabled, and have a record of impairment.
- Equal Pay Act: This prohibits wage discrimination based on sex. Male and female employees must receive equal pay for performing the same job.
- Genetic Information Non-Discrimination Act: This prohibits employers from discriminating against employees based on their genetic information. In addition, employers are required to keep employees’ genetic information confidential.
In addition to the federal laws listed above, employees in Pennsylvania are protected by state anti-discrimination laws, including the Pennsylvania Human Relations Act (PHRA). This prohibits employers from discriminating against employees based on race, color, religious creed, ancestry, disability, age, or national origin.
When Should I Contact an Employment Lawyer?
Discrimination in the workplace can range from subtle, inappropriate jokes to more obvious and offensive behavior like unwanted physical contact and requests for sexual favors. Depending on the nature of the behavior, it can be difficult to know whether the situation warrants seeking legal counsel. Not only is it highly recommended that you consult with a discrimination lawyer, but it is also important that you do so as soon as possible, since there are strict deadlines for filing discrimination complaints. The following are examples of situations where it is in your best interest to contact a discrimination lawyer:
- The discrimination is severe or ongoing. If your employer repeatedly engages in discriminatory behavior against you, it is highly recommended that you contact a discrimination lawyer, particularly if the behavior has escalated or become severe. Examples include the following:
– An African American female employee with a stellar employment record was passed over for a promotion. The employer promoted a white male employee with significantly less experience. When asked why the promotion was given to a less experienced employee, the African American employee was told that the other employee was a “better cultural fit.”
– An employer refused to provide the necessary accommodations for an employee with a disability. This could include making the workplace wheelchair accessible, providing ergonomic work stations, or allowing service animals.
– The ongoing discriminatory behavior creates a hostile work environment that makes it difficult to perform your job responsibilities. - You were retaliated against. This is one of the most common employment law violations. While employers are prohibited from retaliating against an employee for filing a discrimination complaint or participating in an ongoing investigation, they continue to engage in retaliatory behavior, including negative performance reviews, demotions, salary reductions, defamation, excluding you from important meetings, and termination.
- Your employer denies your claim. If you discuss the discriminatory behavior with your employer, and they ignore your complaint, refuse to conduct an investigation, or insist that there has been no discrimination, it is strongly recommended that you consult with a discrimination lawyer. They will discuss the nature of the discrimination and recommend the best legal course of action, which may include filing an official complaint with a state or federal agency.
How Will a Discrimination Lawyer Help Me With My Case?
If you have experienced discrimination in the workplace, a dedicated discrimination lawyer will provide sound legal advice based on the details of your case. This can range from negotiating a settlement with your employer to representing you in court. Ultimately, having an experienced discrimination lawyer on your side will ensure that your legal rights are protected at all times, that you meet all of the filing deadlines, and that you recover the damages to which you are entitled. The following are examples of how a discrimination lawyer can help you with your discrimination complaint:
- Evaluate your case. Your discrimination lawyer will examine the details of your case, review all documents, and determine the timeline of events. If your employer violated the law, your lawyer will discuss the specific claims you may have and recommend the most effective legal course of action.
- Gather and organize evidence. If you proceed with a lawsuit, both sides will exchange information and evidence. This is known as the “discovery process.” Your discrimination lawyer will identify key evidence, including discriminatory emails, text messages, witness statements, performance reviews, and any other evidence that shows how other employees were treated in similar situations.
- Communicate with government agencies. When making a discrimination claim, you will need to file a charge with a federal or state agency, like the EEOC or the PHRA. Your discrimination lawyer will handle the filing process, ensure that you meet the filing deadlines, and communicate with investigators handling your case. If mistakes are made during this stage of the process, it can hurt the outcome of your case, so it is strongly encouraged that you work closely with a discrimination lawyer.
- Negotiate a fair settlement. In most cases, discrimination cases end in a settlement as opposed to going to trial. Your discrimination lawyer will negotiate on your behalf and pursue the maximum damages you are entitled to, including financial compensation, job reinstatement, benefits, and other losses or harm you experienced.
- Represent you in court. If your employer refuses to settle or you do not agree to the terms of the settlement, your discrimination lawyer will represent you in court and work tirelessly to ensure that justice is served.
What Damages Am I Entitled to in a Workplace Discrimination Case?
If you can prove that your employer discriminated against you, a successful discrimination complaint will ensure that you recover the following damages:
- Back pay: This refers to the wages that you lost due to the discrimination from the date of the initial incident to the date of the jury’s determination in your favor.
- Front pay: This refers to the wages that you will lose as a result of the discrimination. This can result in a significant amount of money, as it is often projected over several years or more. For example, if you can convince a jury that it will be difficult, if not impossible, to find another job in a year, you will be awarded front pay for that period of time.
- Lost benefits: If the discriminatory behavior caused you to lose valuable employment benefits, a successful discrimination claim will ensure that you recover these benefits.
- Compensatory and emotional distress: Also referred to as “pain and suffering,” compensatory damages are monetary awards in civil lawsuits that are meant to cover losses associated with the discriminatory behavior. To recover emotional distress damages, you must be able to prove that the discrimination caused the emotional harm and not some other life event or personal issue.
- Punitive damages: These are awarded to penalize discriminatory behavior that is considered particularly egregious. In Pennsylvania, punitive damages are generally awarded in cases involving intentional misconduct, where an employer takes deliberate actions that are harmful to an employee.
- Lawyers’ fees: You may also be entitled to the legal fees associated with your case, including lawyers’ fees, court expenses, and expert witness fees. This prevents the lawyers’ fees from cutting into your total recovery.
Our Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Represent Victims of Workplace Discrimination
If you were discriminated against in the workplace due to your protected characteristic, it is highly recommended that you contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. We will determine the nature of the discriminatory behavior, help you navigate the claims process, and 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.
