Philadelphia Discrimination Attorney

Fighting for Discrimination Victims in Pennsylvania

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 different 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.

Call us today at (866) 229-9441 or contact us online to schedule a consultation with our employment discrimination lawyer in Philadelphia.

What Is Employment Discrimination?

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.

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.

Understanding Harassment in the 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 employment 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: Prohibits discrimination based on race, color, religion, sex, and national origin. It applies to employers with 15 or more employees and is enforced by the Equal Employment Opportunity Commission (EEOC). It also caps compensatory and punitive damages.
• Age Discrimination in Employment Act (ADEA): Protects employees age 40 and older from discrimination based on age.
• Americans with Disabilities Act (ADA): Prohibits discrimination and harassment against employees with disabilities. It often requires employers to make reasonable accommodations for employees with disabilities, such as restructuring job roles or assistive devices. 
• Family and Medical Leave Act (FMLA): Provides eligible employees with protected leave for certain medical and family reasons and may overlap with ADA protections.

Furthermore, each of these 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
• 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.