If your employer treats you unfairly in the workplace due to your race, religion, nation of origin, sexual orientation, age, disability, or any other protected characteristic, they could face legal consequences. Two of the most commonly cited complaints involve discrimination claims and retaliation claims. While these terms are often used interchangeably, there are distinct differences between the two, and each can have a significant impact on your career, your financial security, and your emotional well-being.
If you have experienced discrimination or retaliation in the workplace, you must have a general understanding of each, how they differ from one another, and the steps to take to ensure that your legal rights are protected. An experienced discrimination lawyer will discuss the nature of your complaint, assist you with every step of the legal process, and negotiate a fair settlement.
What Is a Workplace Discrimination Claim?
Employers are prohibited by a range of federal and state laws from discriminating against an employee or treating them unfairly due to a legally protected characteristic, including race, religion, national origin, sex, pregnancy, age, disability, sexual orientation, gender identity, genetic information, and marital status. This type of behavior can occur at every phase of employment, including hiring, promotions, compensation, job assignments, disciplinary actions, benefits, training opportunities, or termination. If an employee is treated unfairly or unfavorably due to their protected characteristic, they may pursue legal action by filing a discrimination claim.
What Are the Different Types of Workplace Discrimination?
Discrimination in the workplace can range from subtle jokes or off-handed comments to obvious physical touching or promising employment benefits in exchange for sexual favors. Regardless of the nature or severity of the discriminatory behavior, this can create a hostile work environment and hurt your career, your financial security, and your physical and mental health. The following are some of the different types of discrimination:
- Differential treatment. This occurs when an employer treats an employee differently or less favorably due to their protected class. For example, if an employer has a pattern of refusing to hire or promote female employees, or consistently pays minority employees less than white male employees, this is considered discriminatory behavior.
- Harassment. When an employer engages in harassing behavior that is based on the employee’s protected characteristic, this creates a toxic work environment. Examples of harassment in the workplace include the following:
– Using derogatory names or racial slurs
– Telling jokes that are offensive, racist, or sexually explicit
– Spreading malicious rumors
– Making unwanted physical advances
– Offering promotions, salary increases, or other preferential treatment in exchange for sexual favors
– Unwanted touching or groping
– Leaving sexually explicit images in your workspace - Unlawful termination or demotion. Employees may not be fired, demoted, or denied a promotion due to their protected class. For example, employers may not terminate a female employee’s employment after announcing her pregnancy or upon returning to work after giving birth. This is a violation of federal anti-discrimination laws.
What Is a Retaliation Claim?
Employers are also prohibited from retaliating against an employee for filing a discrimination complaint or participating in protected workplace activities, including the following:
- Reporting discrimination or harassment in the workplace
- Participating in an internal investigation
- Requesting disability accommodations
- Reporting wage and hour violations
- Acting as a witness in another employee’s complaint
If an employer takes adverse action against an employee for engaging in any of the above activities, the employee may file a retaliation claim.
What Are the Key Differences Between Discrimination and Retaliation Claims?
Employees in Pennsylvania are protected from discrimination and retaliation by federal and state laws. While they are similar in that they can both cause extremely negative consequences for the employee, the main difference between the two is their motives.
“Discrimination” involves unfair treatment of an employee based on an employer’s biased perceptions of the employee because of their race, gender, disability, religion, sexual orientation, or other protected class. The employer’s discriminatory actions are based on who the employee is rather than what the employee did or did not do. “Retaliation,” on the other hand, occurs when an employer punishes an employee for participating in a legally protected activity. In other words, retaliation is an employer’s response to an employee’s actions, including filing a discrimination complaint, rather than their inherent characteristics.
What Are the Legal Protections Against Discrimination and Retaliation?
Several federal anti-discrimination laws protect employees against legally prohibited behavior like discrimination in the workplace and retaliation. Examples include the following:
- Title VII of the Civil Rights Act of 1964. This is a civil rights and labor law that applies to employers who have 15 or more employees. It prohibits employers from discriminating against employees based on a protected class, and applies to every phase of employment, including recruiting, hiring, promotions, and terminations.
- The Age Discrimination in Employment Act of 1967. This protects job applicants and employees who are over the age of 40. Employers are prohibited from making discriminatory hiring, promoting, compensating, and terminating decisions based on an employee’s age.
- The Equal Pay Act of 1963. Employers may not compensate employees differently based on their gender. There are several factors that are used to determine whether employees are being compensated fairly, including skill, education, and effort, as opposed to gender. If pay disparity has been found, the employer must increase the pay of the lower-paid employee. For example, if a male employee is paid a salary of $150,000 per year, and a female employee is paid $100,000 per year doing the same job with the same qualifications, this may be a violation of the Equal Pay Act.
- The Pregnancy Discrimination Act of 1978. This amendment to the Civil Rights Act protects female employees from being discriminated against for being pregnant and having children. Pregnant employees must receive the same health benefits, paid and unpaid leave, and job reinstatement as non-pregnant employees. Employers are also legally prohibited from retaliating against an employee for filing a pregnancy discrimination complaint or participating in an investigation.
- The Americans With Disabilities Act (ADA) of 1990. Employers may not discriminate against an employee who has a disability. This applies to all phases of employment. In addition, employers must provide reasonable accommodations to ensure that disabled employees are able to perform their job responsibilities.
In addition to the federal anti-discrimination laws, employees in Pennsylvania are also protected by the Pennsylvania Human Relations Act (PHRA), which is a state law that provides additional protections that certain federal laws do not. For example, while federal laws apply to companies with a minimum of 15 employees, the PHRA applies to employers with four or more employees.
How Do I Protect Myself Against Discrimination or Retaliation?
If you have been discriminated against due to your protected class or retaliated against for engaging in a legally protected activity, you must take immediate steps to ensure that your legal rights are protected. Employment laws have strict filing deadlines, also known as the “statute of limitations.”
If you file a discrimination or retaliation complaint with the Equal Employment Opportunity Commission (EEOC), your complaint must be filed within 300 days of the incident. If you file a complaint with the PHRC, you have 180 days from the date of the discriminatory or retaliatory act. If your claim is filed after the statute of limitations has expired, your claim will likely be denied, and you will be unable to recover any damages. A highly skilled and experienced discrimination lawyer will help you navigate every step of the claims process, ensure that your claim is filed well before the statute of limitations expires, and negotiate the best possible settlement outcome.
What Damages Am I Entitled to in a Discrimination or Retaliation Claim?
If you and your legal team can prove that your employer discriminated against you or engaged in retaliatory behavior, a successful claim 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.
- Lost benefits: If the discriminatory behavior caused you to leave your job, or you were wrongfully terminated by your employer because of discrimination, a successful discrimination claim will recover those damages as well.
- 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.
- Punitive damages: These are awarded to penalize discriminatory behavior that is considered particularly egregious and discourage similar behavior from continuing to occur.
- Lawyers’ fees: You may also be entitled to the legal fees associated with your case, including lawyers’ fees, court expenses, and expert witness fees.
Our Skilled Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Assist Clients With Discrimination and Retaliation Claims
If you have been discriminated against or faced retaliatory action by your employer, do not hesitate to contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. We will protect your legal rights, help you navigate the claims process, and recover the 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 and Malvern, Pennsylvania, Pennsauken, New Jersey, and New York, New York, we proudly serve clients in the surrounding areas.
