Do you believe that you have been a victim of discrimination in the workplace? You are not alone. Discrimination is more rampant than you may think, and it can happen in any workplace environment or industry.
According to a survey conducted by Ten Spot, a leading workforce engagement platform, 70% of workers claim to have experienced some form of abusive behavior at work. The rate is even higher for the youngest members of the workforce, those that comprise Generation Z. Approximately 86% of these workers stated they had been victims of discrimination.
What Is Workplace Discrimination?
While we may hear the word “discrimination” used in various contexts, it has a specific meaning when applied to workplace behavior. The Equal Employment Opportunity Commission (EEOC) defines discrimination as the practice of treating someone differently or less favorably for a reason.
Examples of possible discriminatory behavior include:
- Harassment: Unwelcome conduct based on sex, race, religion, age, disability, color or national origin
- Improper questions or disclosure: Being asked to reveal genetic or medical information
- Unfair treatment: Encompasses inequitable behavior toward another based on color, race, religion, sex or other protected classes
- Denial of a reasonable workplace change: Entails the denial of a request due to a disability or religious beliefs
- Retaliation: Harming an employee because they filed a complaint of illegal discrimination or engaged in whistleblowing activities
Laws Against Discrimination
Although discrimination in the workplace occurs much too frequently, victims do not need to tolerate discriminatory behavior. These actions may violate one or more of the various anti-discrimination laws:
- Title VII: The Civil Rights Act of 1964 contains a provision called Title VII that makes it illegal for employers to discriminate against workers due to age, sex, color, religion or natural origin. This law applies to companies or organizations with at least 15 employees.
- Equal Pay Act: This 1963 law stipulates that men and women who perform the same work in the same workplace must receive equal compensation. The factors used to determine equality include the level of skill, effort and responsibility and the working conditions.
- Pregnancy Discrimination Act: This law against discrimination states that an employer cannot deny a job to an applicant because she is pregnant, assuming she can perform the required duties. Also, it is illegal for an employer to refuse to provide accommodations to an employee who is pregnant when similar accommodations are available to non-pregnant employees.
- The Age Discrimination in Employment Act: The ADEA protects job applicants and employees who are at least 40 years old from discrimination due to their age. It applies to discriminatory practices regarding hiring, terminating, compensating, promoting and specifying employment terms and conditions.
- Americans with Disabilities Act: Congress passed this civil rights law in 1990 to ensure that workers with disabilities have the same opportunities and benefits in the workplace as everyone else. It also requires employers to make reasonable accommodations for disabled workers and job applicants.
Tips for Identifying Workplace Discrimination
Incidents of discrimination in the workplace can range from blatant and obvious to subtle and inconspicuous acts. Whether you’re an employer or a non-supervisory worker, it is vital to recognize discriminatory behavior when you see it or experience it.
Typical examples that may indicate discrimination at work include:
- Gender: An employer makes repeated, unwelcome sexual advances towards a female worker.
- Racial: Workers make racist jokes or stereotyping comments about an employee of another race.
- Disability: An employer refuses to make accommodations or treats employees unfavorably for no other reason than that they have a disability.
- Age: A company primarily lays off older workers or attempts to force them to retire before they are ready.
- Pregnancy: An employer fires a woman who is six months pregnant even though no other work-related issues exist.
How to Prove Discrimination at Work
Workplace discrimination can be difficult to prove. Unless there are witnesses or written documentation, it often comes down to one party’s word against that of another.
A plaintiff stands a better chance of proving discrimination when presenting or establishing any of the following:
- Circumstantial evidence: This form of proof, the most common method employees use when presenting discrimination cases, relies on validating a fact by inference.
- Direct evidence: This type of evidence is usually less common than its circumstantial counterpart. It may take the form of written documentation like emails, memos or text messages or statements furnished by eyewitnesses to a discriminatory act.
- Pattern and practice: The plaintiff must demonstrate that the employer has an ongoing pattern of making discriminatory decisions.
What to Do If You Are the Target of Discrimination
If you believe you have experienced discrimination at work, it is crucial to remove the emotion and focus on the facts of the situation. Make a written record of the incident or incidents, including the date, time, location and the names of everyone present. Schedule a meeting with your supervisor or human resources representative to explore ways to resolve the issue.
If the actions persist, file a formal complaint using your company’s designated procedures. The law requires employers to investigate all discrimination claims in a timely manner.
Can You Sue Your Employer for Discrimination?
What happens if your employer is unresponsive to your discrimination complaint or retaliates against you? Consider filing a complaint with the EEOC, the federal agency responsible for enforcing anti-discrimination laws. The EEOC resolved 70,804 charges of workplace discrimination during the 2020 fiscal year. Keep in mind that the time limits to file discrimination claims is quite short, so be sure to act quickly.
The EEOC will launch an investigation into your claim. If the agency believes your case has merit, it will attempt to settle the issue out of court or file a lawsuit on your behalf if necessary.
Should You Contact an Attorney Regarding Your Discrimination Case?
Although you don’t need a lawyer to file a claim with the EEOC, hiring one can likely increase your chances of attaining a favorable outcome. An attorney with expertise in employment law can help you navigate the obstacles that often exist when making your case. Your attorney will know what to look for when determining if your employer may have violated the law and can handle all the details to help cut through the bureaucratic red tape.
Contact the Law Firm of Weisberg Cummings, P.C.
If you are facing a potential discrimination case in Harrisburg or elsewhere in Pennsylvania, the experienced employment attorneys at Weisberg Cummings are ready to help. You will receive the personalized and responsive legal service you need to achieve the best outcome for your unique situation. Your lawyer will take control of your case and assist you with the EEOC filing procedures, removing the burden from your shoulders.
Learn more about how we can help resolve your employment discrimination case. Call us at 855-716-2367 or contact us online to schedule a free consultation today.
