Philadelphia Racial Discrimination Attorneys

Skilled Employment Attorneys Assisting Workers in Philadelphia

Philadelphia’s population is not only fast-growing but diverse. As of 2015, about 42% of the residents of Philadelphia were African-American. Around 13% were Hispanic or Latino. It is illegal for your employer to discriminate against you based on your race. Even though it is illegal, racial discrimination does still occur on the job. If you believe that you have been subjected to racial discrimination, it is important to consult an experienced employment litigator. At Phillips & Associates, PLLC, our Philadelphia racial discrimination attorneys may be able to help you recover damages.

Understanding the diverse makeup of Philadelphia's workforce is crucial, as workplace dynamics often reflect broader societal trends. Many employees encounter subtle forms of discrimination, such as being excluded from critical meetings or being overlooked for promotions due to preconceived biases. These disparities can lead to systemic inequality if not legally addressed. Our team is well-versed in navigating these complexities, offering comprehensive support to ensure that victims of racial discrimination receive fair treatment.

Forms of Racial Discrimination

Workplace race discrimination is forbidden in Pennsylvania under Section 1981, Title VII of the Civil Rights Act of 1964, the Pennsylvania Human Relations Act, and the Philadelphia Fair Practices Ordinance. Employers are not allowed to treat employees differently based on actual or perceived race, color, or ethnicity.

Race discrimination can manifest in both overt and covert ways. 

It can include direct verbal or physical altercations or more insidious actions such as assigning unfavorable tasks exclusively to individuals of a certain race. Another form of discrimination may be evident in performance evaluations that unfairly critique or demean an employee's capabilities compared to others. Our legal approach involves meticulously examining circumstances to discern these subtle discriminatory practices.

Under Title VII, employers cannot make decisions based on race with regard to such matters as hiring, firing, promotions, pay, raises, and other terms, conditions, or privileges of employment. For example, it may be illegal race discrimination under Title VII if you were passed over for a raise when less productive or qualified people of another race got raises for doing the same work. Similarly, it would likely be illegal race discrimination under Title VII if you are terminated because customers were not comfortable being around a Black person or a Muslim person. In another example, it would likely be race discrimination if you were denied opportunities like training if you were qualified and next in line, but less senior and less qualified people were given the training instead. Title VII only applies to employers that have a minimum of 15 employees. A racial discrimination lawyer in Philadelphia can advise employees on whether federal or state law would serve as a better basis for a claim.

Racial Harassment in Philadelphia Workplaces

Racial harassment is also a form of racial discrimination under Title VII. Racial harassment can include offensive jokes, slurs, racist comments, and racist images, and it is actionable if it creates a hostile work environment. A hostile work environment is one in which the terms and conditions have been altered by the harassment, such that a reasonable person would find the work environment abusive or hostile, and the claimant also subjectively finds the work environment to be abusive or hostile.

Addressing racial harassment swiftly is crucial to maintaining a safe workplace. It's essential for employees to document instances of harassment, including dates, names, and specific incidents. This documentation serves as valuable evidence when pursuing legal action. Employers are encouraged to implement training programs to raise awareness and reduce biases, fostering a more inclusive and respectful work environment.

Pennsylvania State Law Regarding Racial Discrimination

The Pennsylvania Human Relations Act (PHRA) is the state law that prohibits race discrimination. The Pennsylvania Human Relations Commission (PHRC) is the agency that handles claims administration. It may be appropriate to file a claim under state law if your employer has between 4 and 14 employees. There are some important differences between Title VII and the PHRA, so it is essential to consult an experienced Philadelphia racial discrimination attorney about which agency might better handle your claim. 

For example, you cannot recover punitive damages under the state law. On the other hand, compensatory damages are not restricted under the PHRC, as they are under Title VII. If the agency properly resolves your claim, you might not need to file a lawsuit, but if it is not, you may want to pursue your claim in court. You would need to exhaust your administrative remedies under Title VII or the PHRA before suing in court.

Engaging with the PHRA can lead to remedies tailored to the unique circumstances of your racial discrimination experience. Filing with the PHRC involves a detailed process of scrutinizing every piece of evidence. An experienced attorney is instrumental in guiding you through documentation and presenting a compelling case to maximize your chances of a favorable outcome. This proactive approach can often lead to settlements without the need for prolonged court battles.

Philadelphia City Law Regarding Racial Discrimination

The Philadelphia Fair Practices Ordinance is the local law forbidding race discrimination. Like Title VII, it also protects against discrimination based on actual or perceived race. The Philadelphia Commission on Human Relations enforces this ordinance. It has the power to issue orders (subject to judicial review) requiring an employer that engaged in race discrimination to take affirmative steps to fix any harm caused. Remedies may include injunctive relief, compensatory damages, punitive damages of up to $2,000 per violation, back pay, and more. You can also pursue your claim for race discrimination in court.

Local laws like the Philadelphia Fair Practices Ordinance provide additional leverage in addressing race discrimination cases more swiftly and effectively at a city level. The ordinance empowers individuals by providing an array of potential remedies, which can significantly alter discriminatory workplace practices. The ability to petition for back pay or other damages provides victims with tangible outcomes, restoring financial and emotional well-being. Consulting local legal resources ensures a strategic approach tailored to Philadelphia's unique legal landscape.

Retaliation in Racial Discrimination Claims

Retaliation is a significant concern for many individuals who report racial discrimination in the workplace. It is unlawful for employers to retaliate against employees who complain about discrimination or harassment. Retaliation can take many forms, including termination, demotion, salary reduction, or even verbal harassment. At Phillips & Associates, PLLC, we are committed to protecting the rights of our clients, ensuring that any form of retaliation is promptly addressed and legally managed.

Protecting yourself from retaliation involves understanding your rights and documenting any adverse changes in your working conditions after reporting discrimination. Maintaining records of interactions related to your complaint is crucial, which can serve as evidence should retaliatory actions occur. Legal support is essential in navigating these challenges, offering advice and representation to ensure your work environment remains respectful and compliant with all employment laws.

How to File a Racial Discrimination Complaint in Philadelphia

If you are experiencing racial discrimination in the workplace, it's important to know the steps to take to file a complaint in Philadelphia. Initially, addressing the issue internally, such as through a human resources department, is advised, but if these don't resolve the situation, filing a formal complaint with the appropriate agency is necessary. The U.S. Equal Employment Opportunity Commission (EEOC) and the Pennsylvania Human Relations Commission (PHRC) are the two primary bodies handling these complaints.

Each agency has different filing requirements and deadlines, making it paramount to consult with a legal professional early in the process. At Phillips & Associates, PLLC, we offer guidance through each step, ensuring all documentation is complete and strategically crafted to support your claim. We aim to resolve the issue efficiently, advocating for your rights to work in a nondiscriminatory environment.

Get Advice from a Racial Discrimination Lawyer in Philadelphia

If you have experienced discrimination based on your race or ethnicity, you should consult the employment litigators at Phillips & Associates, PLLC. You can call us at (866) 229-9441 or complete our online form for a free consultation. Upon contacting us, you will work with dedicated attorneys committed to understanding the full scope of your situation. We prioritize confidentiality and sensitivity in our consultations to ensure you feel supported and well-informed about your legal options. Together, we can plan a course of action designed to protect your rights and pursue any remedies you are entitled to under the law.

Frequently Asked Questions

What Should I Do If I Experience Race Discrimination at Work?

If you experience racial discrimination at work, it's vital to take immediate action. Document specific incidents, including dates, times, and persons involved. Report the behavior to your HR department or a supervisor if possible. Keep copies of everything you submit. If internal reporting does not lead to satisfactory measures, contact an experienced attorney to discuss filing a complaint with the EEOC or PHRC. Legal guidance will help protect your rights and provide recourse if the discrimination persists or escalates.

How Long Do I Have to File a Discrimination Complaint?

In Philadelphia, the time you have to file a discrimination complaint can vary depending on the agency. Generally, with the EEOC, you have 300 days from the date of the discriminatory act. However, claims filed with the PHRC often must be submitted within 180 days of the incident.

What Constitutes a Racially Hostile Work Environment?

A racially hostile work environment exists when discriminatory behavior is severe or pervasive enough to alter the conditions of employment and create an abusive working atmosphere. This can include racial jokes, insults, or any harmful behavior targeting a person because of their race. The environment must be such that any reasonable person in the same situation would find it hostile or abusive. 

Can My Employer Retaliate Against Me for Filing a Complaint?

It's illegal for employers to retaliate against you for filing a complaint about race discrimination. Retaliation can involve firing, demotion, undesirable work assignments, or threats. Protect yourself by keeping detailed records of any retaliatory behavior following your complaint. Legal counsel is crucial in handling retaliation claims effectively, ensuring your rights under the law are vigorously defended.

What Are My Legal Rights as a Victim of Race Discrimination?

As a victim of racial discrimination, you have the right to work in an environment free from harassment and discrimination. Laws such as the PHRA, Title VII, and local ordinances protect these rights by providing avenues for resolution, including financial compensation and workplace policy changes. 

PHILLIPS & ASSOCIATES

1635 Market St #1600A
Philadelphia, PA 19103
Phone: (866) 229-9441
Fax: ((866) 229-9441