Workplace discrimination continues to be an unfortunate reality across a range of industries. While there are federal and state laws in place that prohibit discriminatory behavior based on one’s race, religion, nation of origin, sexual orientation, age, disability, or any other protected characteristic, workplace discrimination can damage your career, jeopardize your financial security, and have a lasting impact on your mental health.
If you have been subjected to discrimination in the workplace, and you are considering taking legal action, there are proactive steps you can take to build a strong case and recover the maximum damages to which you are entitled. A highly skilled discrimination lawyer will help you navigate every step of this process, ensure that your legal rights are protected, and negotiate the best possible settlement outcome.
What Is Workplace Discrimination?
According to the Equal Employment Opportunity Commission (EEOC), “workplace discrimination” occurs when an employer treats an employee or job applicant unfairly or unfavorably due to their race, color, religion, gender, national origin, age, disability, or any other protected characteristic. The EEOC enforces a range of laws that protect you from employment discrimination when it involves the following:
- Unfair treatment: Your employer is legally prohibited from treating you differently or unfairly due to your protected characteristic. Examples of unfair treatment include being passed over for a promotion, assigned less favorable tasks, being excluded from important meetings, and receiving a negative performance review.
- Harassment: This is any unwelcome behavior that violates your employment rights and creates a toxic work environment. Examples include inappropriate or offensive jokes about your race or sexual orientation, unwanted physical contact or requests for sexual favors, and leaving sexually explicit messages or images via text message, email, or on social media.
- Denial of accommodations: Your employer is required to provide reasonable accommodations for a disability or religious beliefs. If they deny these accommodations, this is a form of discrimination.
- Improper questions or disclosure of personal information: Your employer may not ask inappropriate questions or disclose genetic or medical information.
- Retaliation: Your employer is legally prohibited from retaliating against you for filing a discrimination complaint or participating in an ongoing investigation into discriminatory behavior in the workplace.
What Are the Key Steps Involved in Building a Strong Discrimination Case?
Whether you experienced blatant discrimination in the form of sexual harassment or your employer made inappropriate jokes related to your protected class, this type of behavior is prohibited by law. However, while it can be difficult to know how to address the situation, it is important to understand that you have rights. If your employer has engaged in discriminatory behavior against you, a successful discrimination claim will ensure that your legal rights are protected and that you recover the damages you are entitled to, including lost wages, benefits, and pain and suffering. To reach the best possible settlement outcome, you must take the following steps:
- Document everything. Keep detailed records of all relevant communications, including emails, text messages, performance evaluations, and any other evidence that supports your discrimination claim. Make sure that you preserve all evidence, either in physical form, digitally, or both. Do not delete any communications that may be relevant to your case, and keep the documents in a safe spot.
- Identify witnesses.If there were colleagues, clients, or other individuals who witnessed the discrimination first-hand, ask if they would be willing to provide a statement or testify in court on your behalf.
- Remain professional. As challenging as it may be, you must maintain a professional attitude and demeanor in all of your interactions with your employer. This will not only strengthen your credibility but will also reflect well on your character, both of which will have a positive impact on your case.
- Review your company’s anti-discrimination policies. If you are considering filing a discrimination complaint, it is highly recommended that you thoroughly review your company’s policies and procedures, and your employment contract with your discrimination lawyer. This can help establish whether your employer violated your rights by engaging in discriminatory behavior. Your discrimination lawyer will help you understand the intricacies of the terms of your employment and recommend the best legal course of action.
- Compare your treatment to that of other employees. Oftentimes, discrimination becomes apparent when you pay attention to how other employees are treated, and whether there are patterns of unfair or discriminatory behavior, including:
– Salary and benefits discrepancies.
– Unfair enforcement of rules, workplace conduct, or leave policies.
– Promotions or salary increases given to less qualified employees.
– Unequal disciplinary actions for similar behaviors. - File a complaint. The first step is to file a complaint with your Human Resources department or supervisor. 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.
What Evidence Do I Need to Prove Workplace Discrimination?
To have a successful outcome in a discrimination claim, you must be able to prove that your employer treated you differently or unfairly due to your race, religion, nation of origin, sexual orientation, age, disability, or any other protected characteristic. The more “evidence” you can obtain, the more likely you are to reach a successful outcome and recover the damages to which you are entitled. The following are the main types of evidence needed to prove discrimination in the workplace:
- Direct evidence: This type of evidence is rare, but incredibly powerful when available. It proves that bias against a protected class was a motivating factor in the adverse employment action that was taken against you. Examples include written communications like emails, text messages, or memos that clearly state your employer’s discriminatory intentions.
- Indirect evidence: Also known as “circumstantial evidence,” this does not directly show discriminatory intent, but helps establish a pattern of behavior that is considered discriminatory. Examples include an employer terminating a female employee shortly after she informs the employer that she is pregnant, despite no prior negative performance reviews. The timeline of the events would be circumstantial evidence of pregnancy discrimination.
How Can a Discrimination Lawyer Help Me With My Case?
The process of filing a discrimination complaint can be complex, particularly if you are concerned that your employer may retaliate against you. An experienced discrimination lawyer will help you navigate this process and provide the following support:
- Evaluate the evidence to determine the strength of your claim.
- Explain the federal and state anti-discrimination laws that protect your rights.
- Help you file a complaint with the EEOC or the PHRC, or pursue litigation if the matter cannot be resolved.
- Ensure that your employer follows the legal procedures and does not take retaliatory action against you.
What Damages Am I Entitled to in a Discrimination Claim?
If you can prove that you were discriminated against due to your protected class, a successful discrimination claim will ensure that you recover the following damages:
- Back pay. These are the earnings you lost as a result of the discrimination. For example, if you can prove that you were terminated due to your sexual orientation, you are entitled to back pay from the date of your termination to the date of the jury’s decision in your favor.
- Front pay. This compensates you for the wages you are going to lose in the future as a result of the discriminatory behavior. For example, if you can prove that you will be unable to find another job for a year, you will be awarded front pay for that period of time.
- Lost benefits. You may also be reimbursed for the benefits you lost, including healthcare coverage, dental insurance, pension plans, stock options, and profit sharing.
- Pain and suffering. To recover pain and suffering damages, you must prove that you suffered mental or emotional injuries as a result of the discrimination. Your discrimination lawyer will negotiate the maximum damages based on the impact that the discrimination had on your physical and mental health.
- “Punitive” damages. These are intended to punish an employer for engaging in discriminatory behavior that is particularly egregious.
Our Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Help Clients Navigate Workplace Discrimination Cases
If you have been discriminated against at work, do not hesitate to contact our Philadelphia discrimination lawyers at The Gold Law Firm P.C. We will discuss the details of your case, ensure that your legal rights are protected, and negotiate the best possible settlement outcome. 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.
