Philadelphia Discrimination Attorney

Discrimination Attorneys Advocating for Philadelphia Employee Rights

When you go to work, you hope that you will be judged on the merits of your work and your job performance. Unfortunately, some employers are guided more by stereotypes about race, age, ethnicity, color, religion, sex/gender, and other elements of identity than they are by merit. Federal, state, and local laws prohibit employment discrimination in Philadelphia workplaces. If you have suffered from employment discrimination at the hands of your employer, it is critical to consult a Philadelphia discrimination lawyer. At Phillips & Associates, PLLC, we understand how the nuances of the potentially applicable laws may affect whether you recover damages and the size of your recovery. We have compassion for workers who have been mistreated due to their personal and protected traits.

Defining Employment Discrimination in Philadelphia

Discrimination occurs when an employee is treated adversely in the workplace due to a protected characteristic. For example, if you are hired, fired, passed over for a promotion, demoted, paid differently, or put in non-customer-facing positions because you are a Black Muslim from Somalia, you may have a basis to sue for racial, religious, and nationality discrimination.

Understanding the critical nuances in discrimination claims is crucial. Protected characteristics under local and federal law extend to various aspects of identity, all of which can intersect, creating complex discrimination situations. Employees need to be aware of constructs like implicit bias and systemic discrimination, which are subtler forms that are not always overtly evident but can significantly impact an employee's career and work environment. Recognizing these forms can be instrumental in building a comprehensive approach to legal recourse.

Harassment in the Philadelphia Workplace

Harassment is one form of discrimination. Most of the time, harassment is actionable because it creates a hostile work environment. This means that the harassing conduct is so severe or pervasive that it alters the work environment. In most cases, trivial or one-off incidents will not constitute actionable harassment. 

However, sexual harassment need not create a hostile work environment to be actionable. A Philadelphia discrimination attorney can help you recover damages for quid pro quo sexual harassment, such as when a supervisor or manager conditions your new or continued employment on providing sexual favors or submitting to sexual advances. For example, if your supervisor tells you that you can get a raise if you start dating him, this is quid pro quo sexual harassment.

Addressing harassment involves understanding its impact on workplace culture and employee morale. Organizations must implement proactive measures such as sensitivity training and establish clear, accessible reporting mechanisms. Educating employees on recognizing early signs of harassment and understanding their rights to a harassment-free workplace can foster a healthier working environment. Legal strategies often focus on leveraging these insights to advocate for both immediate relief and sustainable workplace changes.

Federal Law on Employment Discrimination

There are a number of federal laws that prohibit employment discrimination. Title VII of the Civil Rights Act of 1964 protects race, color, sex, national origin, and religion. It covers employers that have at least 15 employees. It also caps compensatory and punitive damages. It is enforced by the Equal Employment Opportunity Commission (EEOC). The Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees who are at least 40 years old. The Americans with Disabilities Act (ADA) prohibits discrimination and harassment against employees with disabilities.

Understanding federal legislation is critical for navigating discrimination claims effectively. The Americans with Disabilities Act (ADA) often requires employers to make reasonable accommodations for employees with disabilities, which can include restructuring job roles or providing assistive devices. It's also essential to know the nuances of the Family and Medical Leave Act (FMLA), which can intersect with ADA protections, offering additional safeguards for employees taking leave due to medical conditions. 

Many employees feel concerned about pursuing claims of discrimination or harassment. They are understandably worried that employers will try to punish them for filing a charge with the EEOC or complaining in civil court. Each of the federal anti-discrimination laws includes a prohibition on retaliation. Retaliation can include any adverse employment action taken against you. Our Philadelphia discrimination attorneys can help you bring a claim for retaliation in addition to the underlying discrimination.

Pennsylvania State Law on Discrimination

The Pennsylvania Human Relations Act (PHRA) covers employers that have a minimum of 4 employees. Like the federal law, it has a provision that prohibits your employer from retaliating against you because you opposed a discriminatory job practice or helped with any proceeding, hearing, or investigation under the state law. Protected classes include race, color, national origin, religion, sex, age from 40-70, disability, having a GED instead of a high school diploma, association with a disabled person, and use of a service animal. A drawback of pursuing your claim under state law is that you cannot recover punitive damages under state law. However, it offers crucial protections that can be particularly beneficial in smaller workplaces not covered by federal laws.

Employees should be aware of the PHRA's practical applications, which can be pivotal in cases involving age-specific issues or those related to educational qualifications. The PHRA also provides a broader scope of protection for individuals with specific personal circumstances, such as those associating with or caring for people with disabilities. Understanding these aspects can affect an employee's decision to pursue claims under state versus federal law, often relying on legal guidance to determine the most effective course of action.

Local Discrimination Laws in Philadelphia

The Philadelphia Fair Practices Ordinance also prohibits employment discrimination. Under the local ordinance, protected traits include race, color, ethnicity, sex, sexual orientation, gender identity, breastfeeding, national origin, religion, ancestry, age, disability, marital status, genetic information, familial status, source of income, domestic or sexual violence victim status, pregnancy, childbirth, and pregnancy-related conditions.

The local ordinance is particularly important for addressing newer societal issues like discrimination based on gender identity and sexual orientation, areas where federal and state laws sometimes fall short. It reflects Philadelphia’s commitment to embracing diversity and inclusion within its employment sector. Employees can use these protections to hold employers accountable for a range of discriminatory practices, supported by city initiatives focusing on equitable treatment and anti-discrimination measures. Understanding this local framework is vital for pursuing claims uniquely suited to conditions within Philadelphia.

Neither federal nor state law in Pennsylvania prohibits sexual orientation discrimination, although some courts have regarded sexual orientation discrimination as a subset of sex/gender discrimination, which is prohibited under both federal and state laws. However, the Philadelphia Fair Practices Ordinance prohibits employment discrimination based on sexual orientation and gender identity.

Contact an Experienced Employment Discrimination Lawyer

If you have been harmed by employment discrimination at a job in Philadelphia, you should consult the employment litigators at Phillips & Associates, PLLC. You can call us at (866) 229-9441  or complete our online form to set up a free consultation.

Common Questions About Employment Discrimination

What Should I Do If I Experience Discrimination at Work?

If you experience discrimination at work, the first step is to document every incident of discrimination meticulously. Keep records of emails, messages, any discriminatory remarks, and witness contact information, if possible. Reporting the issue to your human resources department is crucial as it puts the company on notice and sometimes resolves the issue internally. However, if the problem persists or you're retaliated against, reaching out to a Philadelphia discrimination attorney can guide you through your legal options.

How Can I Prove Workplace Discrimination?

Proving workplace discrimination can be challenging and often requires solid evidence. Documentation plays a pivotal role; include detailed accounts of discriminatory actions or statements, performance reviews, and any communications that may suggest bias. Additionally, witness testimonies from colleagues can provide substantial support to your claims. A Philadelphia discrimination lawyer can help you gather and organize this evidence effectively, ensuring it is presented comprehensively to strengthen your claims.

What Damages Can I Recover for Discrimination?

Damages for discrimination can vary depending on the severity and specifics of the case. You may be entitled to recover lost wages if the discrimination resulted in wrongful termination or denied promotions. Emotional distress damages are also common, aiming to compensate for any mental or emotional suffering caused by the discriminatory environment. In some instances, punitive damages, designed to punish particularly egregious behaviors, may be awarded. Legal assistance can help in evaluating potential recoverable damages, ensuring you pursue a claim with realistic expectations and a comprehensive understanding of possible outcomes.

What Is a Hostile Work Environment?

A hostile work environment occurs when discriminatory actions or communications stemming from prejudice against a protected trait are severe or pervasive enough to affect your job performance or create an intimidating work atmosphere. Recognizing a hostile work environment involves understanding that it is not limited to one-off comments or minor disputes but is characterized by significant, ongoing negative behaviors. 

How Long Do I Have to File a Discrimination Claim?

The time frame for filing a discrimination claim, known as the statute of limitations, can depend on the type of claim and relevant law. For federal claims with the EEOC, typically, you have 180 days from the discriminatory act, though this can extend to 300 days if a state agency is involved in enforcement. Meanwhile, state laws, like the Pennsylvania Human Relations Act, may have different deadlines. Understanding and adhering to these timelines is crucial, and legal guidance can help you act promptly to ensure that your claim remains valid.