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Unfortunately, many Americans face discrimination in the workplace every day. Thankfully, you’re legally protected and don’t have to tolerate discrimination in the workplace. Whenever you experience discrimination in the workplace, it’s time to contact your HR department or an attorney. The employment law attorneys at Weisberg Cummings, P.C. are here to ensure that you’re being treated fairly.
Discrimination in the workplace is defined as any harassment or unfair treatment an employee may face due to their age, race, gender, sexuality, nationality or disability. Workplace discrimination also refers to cases where employers forbid, fire or take action against employees for disclosing or discussing their pay in the workplace. Whether workplace discrimination is intentional or unintentional makes no difference under the law.
According to the American Department of Labor, workplace discrimination may include:
Disparate treatment
Employees and applicants who are treated differently than their co-workers due to their identity experience disparate treatment. Disparate treatment usually refers to discrimination that is intentional and systemic. Protection against disparate treatment extends to race, color, sex, sexuality, religion, gender identity, nationality, disability and veteran status. One example of disparate treatment is language testing for candidates with accents, while the other applicants are not tested.
Disparate impact
Disparate impact refers to systemic policies and practices from employers that target specific identities and have a disparate impact on specific identifies. Disparate impacts are more likely to be unintentional but are no less serious than disparate treatment. Examples of disparate impact include lift testing for office jobs that do not require lifting as part of the job.
When it comes to either type of employment discrimination, you should document as much information about the discrimination as possible. Always record the date, the full name of the individuals and the location where the event occurred. Written logs of employment discrimination in journals are another excellent way to help build your case. If you’re privy to any communications or messages that suggest worker discrimination, keep them for the record.
Employee discrimination can come in many forms. You may have a case for discrimination if you have experienced your employer or co-workers engaged in the following behavior in the workplace:
It’s important to remember that there’s never just one face to employment discrimination. If you believe that discrimination may be occurring in your workplace, it’s time to contact HR or consider reaching out to a law firm.
Pennsylvania has had laws protecting workers from employer discrimination for more than half of a century. In addition to the Pennsylvania Human Relations Act, the state also follows all precedents for civil rights set at a national level. The following anti-discrimination laws are at the heart of worker protections in Pennsylvania:
The Civil Rights Act of 1964 set the stage for legal protection against all forms of discrimination in the workplace. With the implementation of Title VII, it became illegal for workplaces to discriminate against employees for race, color, sex and national origin. Title VII applies to all businesses and employers who have a staff of at least 15 employees. All aspects of Title VII apply during the hiring and recruitment phase as well.
The Equal Pay Act of 1963 made it mandatory for businesses to pay employees of all genders the same compensation for the same work. The Equal Pay Act uses several factors to determine whether pay is substantially equal, including effort, skill responsibility and working conditions.
The Americans with Disabilities Act of 1990 (ADA) protects people with disabilities from being discriminated against in the workplace or hiring process. Overall, the ADA extends to recruitment, hiring, training, promotion, social activities, privileges and pay within the workplace. The ADA also states that employers must provide disabled employees and applicants with reasonable accommodations to assist them with doing their job. All businesses with 15 employees or more must follow the Americans With Disabilities Act.
The Pregnancy Discrimination Act was added as a component of the Civil Rights Act in 1978 to protect employees from being discriminated against while bearing children. This law applies to hiring pregnant women, providing maternity and pregnancy leave, working conditions and benefits. As long as a candidate or employee can perform the required duty of a job, employers cannot dismiss them due to pregnancy.
The Age Discrimination in Employment Act protects job seekers and employees above the age of 40. The Act applies to hiring, promoting, compensating and firing employees.
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At Weisberg Cummings, we’re dedicated to giving our clients the most individualized attention of any discrimination lawyer in Pennsylvania. Our attorneys provide you with accessible options, whether that means meeting with you after hours, via videoconference or even in the hospital. Call us at 855-716-2367 or contact us online today for a free consultation on your case.
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