Workplace discrimination is a serious issue, and in the past few years, the Equal Employment Opportunity Commission (EEOC) has handled more cases than usual.
Have you experienced workplace discrimination? Would you know if you did? Learning how to recognize discriminatory acts and when to seek professional legal guidance from employment law firms with free case evaluations could improve your professional life.
What Constitutes Workplace Discrimination?
Title VII of the Civil Rights Act of 1964 is the most well-known antidiscrimination law in the United States. As enforced by the EEOC, it prohibits discrimination based on color, race, religion, sex or national origin. It covers various aspects of employment, including hiring, training, referral, promotion, and dismissal.
Other legislation covers protected characteristics like age, gender identity or veteran status. For instance, Title I of the Americans with Disabilities Act of 1990 pertains to disability status, while the Pregnancy Discrimination Act concerns pregnant people and new parents. Since the law is far-reaching, there are many types of discriminatory events.
Recognizing Signs of Discrimination in the Workplace
Prejudice can manifest in many ways. You may experience harassment based on your age, sexual orientation, race or gender identity. Your employer may bar you from mentorship opportunities, exclude you from employer-provided perks, isolate you from your colleagues, deny your reasonable accommodation requests or refuse to pay you the same as others.
Overt vs. Covert Discrimination
Overt discrimination is blatant, intentional and unfair treatment targeting protected characteristics. Your higher-up may deny you promotions due to your age or allow your colleagues to make derogatory comments about your religion.
Covert discriminatory events are more subtle. For example, male office workers may consistently interrupt their female co-workers during meetings, but not each other. Alternatively, a manager might misgender someone or mispronounce their name despite being corrected multiple times.
Even if these microaggressions are unintentional, they can be harmful. Offenders can perpetuate untrue stereotypes, create hostile work environments or undermine an individual’s sense of belonging.
Initial Steps to Take to Address Workplace Discrimination
If you think your employer is discriminating against you, you should take action. While every case is different, your next steps should be reviewing antidiscrimination policies, collecting evidence, reporting incidents internally and seeking legal counsel.
Review Company Policies
Consult the employee handbook for specific procedures on reporting harassment or discrimination. Remember to refer to state, local and federal legislation for what constitutes discrimination, as internal policies may be unclear.
Document Any Evidence
Creating a detailed, private log of incidents is essential for backing up your claims. Include dates, times, locations and individuals involved. Save relevant emails, performance reviews and messages in a secure, personal location. Do not gather evidence on a company-owned device or account, since your company can revoke access to those at any time.
Written and recorded evidence is ideal because it establishes a paper trail, but you should be wary of collecting it — some tactics may break the law. For instance, since Pennsylvania is not a one-party consent state, you will need explicit permission to record private conversations.
Report Incidents Internally
Reporting incidents to your supervisor or the Human Resources (HR) department might help you address the undesirable behavior early on. However, there is a crucial caveat — in some cases, escalating things internally may be unsafe or lead to retaliation, especially if your boss is the offender.
The Role of Human Resources and Internal Investigations
After filing a complaint, employees should expect the HR department to launch an internal investigation. These professionals might review documented evidence and interview those involved. Potential outcomes typically include disciplinary action or dispute resolution.
However, they may find the offender has violated no laws or policies. This can occur when there is a lack of evidence, like with covert discrimination. If this happens, little may change. It is illegal for the company to punish you for reporting discriminatory acts, but it happens.
When to Seek Legal Advice
Sometimes, the situation calls for legal intervention. If you feel unsafe discussing discrimination with your superior or if your employer retaliates against you for filing a report, consult an employment lawyer.
You can sue your employer for discrimination. However, you must first file a discrimination charge with the EEOC or the Fair Employment Practices Agency. You must do so within 180 days — up to 300 if your state or local government has applicable discrimination laws. All reports are automatically dual-filed, so you do not have to file with both agencies.
If the EEOC finds discrimination, it will typically file a lawsuit against your company. However, it cannot pursue every case. In fiscal year 2024, it dealt with 88,500 discrimination charges, up 9.2% year over year. If it does not have time to file a lawsuit on your behalf, you have 90 days to file your own. Consider contacting employment law firms with free case evaluations to set things in motion.
Employment Law Firms in Harrisburg, PA with Free Case Evaluations
The value of consulting with a legal professional specializing in employment law is immense. An attorney will advocate for your best interest, conduct a thorough investigation to document evidence, develop a comprehensive defense and provide you with knowledgeable counsel in court.
While the EEOC can file a lawsuit on your behalf, it represents the public interest in enforcing antidiscrimination laws, not your individual claim. A private attorney will focus solely on your specific situation and desired outcome.
The discrimination lawyers at Weisberg Cummings, P.C. have over 40 years of combined experience. Each partner has over 15 years of legal experience and is well-versed in Pennsylvania law. These professionals are available around the clock, even on nights and weekends. To date, they have secured upward of $55 million for their clients over 1,150 settlements.
Preparing for a Consultation with an Employment Lawyer
Consulting an employment lawyer before filing a complaint with the EEOC can help you determine whether you have a case. They will help you preserve evidence, decide the best course of action and draft a more effective charge. Having legal counsel can improve your chances of success in complex cases.
Moreover, the EEOC may be legally required to notify the offender that they are being investigated. An employment law firm with free case evaluations could file a charge on your behalf to protect your identity, preventing you from facing retaliatory action at work.
Even if the consultation is free, you want your first meeting to be as productive as possible. Bring a detailed log of discriminatory incidents, copies of your company policies and a list of questions to ask. During this initial meeting, your aim is to determine whether a legal claim exists and identify potential paths forward.
Building a Better Workplace
Whether you decide to escalate things internally or contact an employment law firm for a free case evaluation, it is vital to recognize the extent and impact of discriminatory acts at work. They can cause stress, slow your upward mobility or even force you out of a career you enjoy. Promptly addressing the issue at hand is essential.
While navigating these situations can be challenging, you have rights and resources. Seeking justice may take time, but it will help foster a more enjoyable, equitable workplace for you and your colleagues.
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