What Constitutes Workplace Discrimination? An Employee’s Guide
Workplace discrimination can take many forms—some more subtle than others. With this in mind, if you believe that you may be a victim of discrimination at work for any reason, you will want to ensure that you have a clear understanding of your legal rights. In this guide, our Philadelphia employment lawyers explain: (i) what constitutes workplace discrimination; (ii) how employees can document discrimination; and, (iii) the remedies that are available to those who have been treated unfairly.
What Constitutes Discrimination in the Workplace?
So, what constitutes workplace discrimination? Generally speaking, employers in Philadelphia are prohibited from taking “adverse employment actions” against employees based on their “protected characteristics.” If you experience an adverse employment action based on a protected characteristic, then you may have an employment discrimination claim under either Pennsylvania or federal law.
Protected Characteristics
Several Pennsylvania and federal laws prohibit discrimination in the workplace. These laws establish different protected characteristics—and when you file a workplace discrimination claim, it is critical to ensure that you file your claim under the correct law (and with the appropriate governmental authority). With this in mind, protected characteristics in Pennsylvania generally include:
- Age (for employees age 40 and older)
- Ancestry and National Origin
- Color and Race (including hairstyles)
- Disability (or Relationship to a Person with a Disability)
- Use of a Guide or Service Animal for a Disability
- Having a GED Rather Than a High School Diploma
- Pregnancy and Parental Status
- Religion
- Sex, Gender identity and Sexual Orientation
If you have any of these protected characteristics (also referred to as falling into a “protected class”), then you may be eligible to file a claim for workplace discrimination. However, it is important to note that not all anti-discrimination laws apply to all employers. For example, Title VII of the Civil Rights Act of 1964 (“Title VII”) only applies to businesses with 15 or more employees, and Pennsylvania’s employment discrimination laws only apply to businesses with four or more employees. When you contact us, our lawyers can determine which law (or laws) apply based on your specific circumstances.
Adverse Employment Actions
To have a claim for workplace discrimination, you must experience an adverse employment action based on a protected characteristic, or your membership in a protected class. The term “based on” is critical. Being a member of a protected class does not protect you against all adverse employment actions—rather, it protects you against adverse employment actions that are discriminatory in either their purpose or their impact.
An adverse employment action has a discriminatory purpose if its goal is to disadvantage a member (or members) of a protected class. For example, if your employer fires you because of your race, sex or age (if you are 40 or older), this is an adverse employment action with a discriminatory purpose.
An adverse employment action has a discriminatory impact if it is based on a facially neutral decision or employment policy but still disproportionately impacts members of a protected class. For example, if a business refuses to place individuals under a certain height in certain positions, this could give rise to a sex-based discrimination claim since women are, on average, statistically shorter than men.
What is an adverse employment action? Some examples include:
- Refusal to hire for certain positions
- Passing over for pay raises or promotions
- Demoting or reducing pay
- Providing unwarranted poor performance reviews
- Denying eligibility for, or access to, certain job-related benefits
- Transfer to a less-desirable position or work location
- Harassment in the workplace
- Termination of employment
- Constructive termination (which involves making an employee’s work situation so untenable that he or she is effectively forced to resign)
Again, these are just examples. If you have any reason to suspect that you may be a victim of discrimination in the workplace, it will be well worth taking some steps to preserve your legal rights in case you have a claim.
How Can You Document Discrimination at Work?
One of the first steps you will want to take in this scenario is to document the discrimination you have experienced at work. To do this, you should take detailed notes. Write down everything that you think might possibly be relevant to your discrimination claim.
You should also keep any relevant documents or communications that you currently have in your possession. You should report the discrimination to your employer as well, and you should be sure to keep a copy of your report to share with your lawyer.
What Remedies Are Available to Victims of Workplace Discrimination?
Employees who experience discrimination in the workplace may be entitled to various remedies. When you hire a lawyer to represent you, your lawyer will be able to explain which remedies are available in your case, and your lawyer will be able to help you decide which of these remedies you want to pursue. Some examples of potential remedies include:
- Placement in an appropriate employment position with appropriate compensation
- Reinstatement in your prior position if you were wrongfully terminated
- Financial compensation for unpaid wages and benefits, plus interest and other losses
Punitive damages are available in some cases as well. As the U.S. Equal Employment Opportunity Commission (EEOC) explains, “[p]unitive damages may be awarded to punish an employer who has committed an especially malicious or reckless act of discrimination” under federal law. Here too, an experienced employment lawyer will be able to clearly explain your legal rights and help you decide how best to proceed in light of the specific circumstances of your case.
Get Advice from an Experienced Philadelphia Employment Lawyer for Free
If you need to know more about what constitutes workplace discrimination or the steps involved in filing a discrimination claim against your employer, we invite you to get in touch. With offices in Philadelphia, we represent employees in the city and its surrounding areas. To arrange a free, no-obligation consultation with a Philadelphia employment lawyer at Murphy Law Group as soon as possible, please call 267-273-1054 or tell us how we can reach you online today.