Unlawful Discrimination at Work: What are My Rights?
Most employees in the United States enjoy broad legal protection from discrimination. However, the laws are not always easy to understand. Many times it can be difficult to know when a line has been crossed. Our Philadelphia PA Employment Law Attorneys know the laws and how the courts have interpreted them.
Unlawful Workplace Discrimination:
The Civil Rights Act of 1964, the Americans with Disabilities Act, and other state and federal laws protect workers and job hunters from discrimination on many grounds, including the following:
- Race or ethnicity
- Sexual orientation and gender identity
In brief, discrimination in hiring, promotion, firing, or compensation is not allowed. If you suspect you lost a promotion or were fired because of a disability, because of age, or because of anything else covered under the law, you may have a discrimination case.
Discrimination is hard to prove but a lawsuit may be easier to win in certain circumstances. Of course, the employee must be a victim of an adverse action like firing or demotion. The person also must be a member of a protected class, such as a worker over 50. If the employee is fired and replaced by someone not in a protected class, the employee may have a stronger case. If you were qualified for the position, this also suggests discrimination.
Pursuing a Claim of Unlawful Discrimination:
Employees who suspect unlawful discrimination need to move quickly to begin building a case. They generally have between 180 and 300 days to file a claim with the relevant state or federal agency. They also tend to have the burden of proof. This can be a serious challenge, especially if the employer can show a legitimate business reason for the firing or other adverse action.
If you suspect employment discrimination, contact Pozzuolo Rodden P.C. to discuss your case. Our Philadelphia Business Law Attorneys are experienced in all aspects of investigating and pursuing employment discrimination lawsuits.