EMPLOYMENT DISCRIMINATION AND HARASSMENT

• What is workplace discrimination?
• What is sexual harassment?
• What to do if you believe you have been unlawfully treated?
• You have to act promptly.

Despite the protection of federal and state laws, discrimination and sexual harassment continue to happen in the work place. Since 1947, Galfand Berger and its Employment Law attorneys have fought for clients to correct workplace wrongs and make significant recoveries for clients who have been discriminated against and/or harassed in the workplace.

What is workplace discrimination?

Discrimination is the denial of employment or termination and/or alternations of the terms and condition of employment based upon a protective classification. Terms and conditions can include: wages, hours, bonus and job assignment. Protective classifications include: race, age, sex, national origin, religious affiliation, military status, disability and pregnancy. An employee’s right to be free from discrimination is protected by the VII of the Civil Rights Act of the United States and the Pennsylvania Human Relations Act. Discrimination can be direct and indirect and can be targeted on a single individual or a group of individuals. It is often shown by conduct or statements but can sometimes be demonstrated by statistics when policy affects one class of people different than others.

We handle cases involving workplace discrimination, including:

• Age
• Sex or Gender discrimination
• Race
• National Origin
• Religious Affiliation
• Disability
• Pregnancy Status
• Military Status

Discrimination and sexual harassment are different legal concepts.

What is sexual harassment?

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

• The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
• The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co–worker, or a non-employee.
• The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
• Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
• The harasser's conduct must be unwelcome.

What to do if you believe you have been unlawfully treated?

Many companies have policies regarding any discrimination, harassment or retaliation in their company handbook. Likewise, they may have reporting requirements, which may require you to follow a certain procedure. You should request the company to take action to stop and correct discrimination, harassment, or retaliation. You should follow those procedures and document your actions in writing. Failure to follow those procedures may lead to a denial of your rights to recover legal damages for the improper action of the company.

You have to act promptly.

There is a limited time in which you can bring a claim for discrimination, harassment, or retaliation. You must file your claim with the Equal Employment Opportunity Commission (EEOC) under Title VII of the Civil Rights within 180 days of the last act of discrimination and/or the same holds true for filing a state claim with the Pennsylvania Human Relations Commission (PHRC). However, if you file a claim with the PHRC within 180 days of the last act of discrimination or harassment, you can file a claim with the EEOC within 300 days of the last act of discrimination or harassment.

If you believe that you have a claim for discrimination, harassment, or retaliation, please contact our office for a free case evaluation and assistance in filing your claim.