Philadelphia Employment Discrimination Lawyers

Most employees are hired on an at-will basis, meaning they can be terminated for any reason. Under federal and state protections, however, it is a violation of employment law to terminate employees or take adverse employment action on the basis of qualities that could identify someone with a protected class. Federally protected class qualities can include:

• Race
• Gender
• Age
• Disability
• National origin
• Pregnancy
• Religion

Is Sexual Orientation Considered a Protected Class?

While sexual orientation is not a protected class under federal or Pennsylvania state law, a significant number of municipalities in Pennsylvania make sexual orientation a protected class, including Philadelphia. Philadelphia also prohibits discrimination on the basis of gender identity.

What Constitutes Age Discrimination in PA?

The Age Discrimination in Employment Act (ADEA) in Pennsylvania prohibits age discrimination against employees who are 40 years of age or older. The Pennsylvania Human Relations Act (PHRA) also restricts age discrimination against employees. Still, it applies to employers with four or more employees, while the ADEA applies to employers with 20 or more employees.

Under the ADEA and the PHRA, it is illegal for employers to discriminate against employees based on age in any factor of employment, including:

• Hiring
• Firing
• Promotion
• Layoffs
• Compensation
• Benefits
• Terms and conditions of employment

What Proof Do I Need in an Employment Discrimination Case?

Here are some key types of proof that can strengthen your case:

• Documentation: Keep detailed records of discriminatory incidents, including dates, times, locations, and the individuals involved. This can include emails, text messages, memos, and performance reviews that reflect biased treatment.
• Witness Testimony: Collect statements from colleagues who have witnessed discriminatory behavior or have experienced similar treatment. Witnesses can provide valuable corroboration of your claims.
• Comparative Evidence: Show that employees in similar positions who do not share your protected characteristics were treated more favorably. For example, if you were denied a promotion due to your gender, demonstrate that male colleagues with comparable qualifications received promotions.
• Company Policies and Practices: Examine the employer’s policies and practices for evidence of systemic discrimination. This can include reviewing hiring practices, promotion criteria, and disciplinary procedures to identify patterns of bias.
• Performance Records: If you have been subjected to unfair evaluations or disciplinary actions, gather records demonstrating your job performance. This can help refute claims that adverse actions were based on legitimate business reasons.

How Our Employment Discrimination Attorney Can Help You

Here’s how we can assist you:

• Case Evaluation: We start with a thorough review of your situation to determine the strength of your case. This includes examining all relevant documents, communications, and witness statements.
• Evidence Collection: We will help you gather all necessary evidence to support your claims. We can issue subpoenas for documents, take depositions, and interview witnesses to create a robust case.
• Legal Strategy: Based on the specifics of your case, we develop a tailored legal strategy. Whether through negotiation, mediation, or litigation, we aim to achieve the best possible outcome for you.
• Filing Complaints: We assist you in filing complaints with the appropriate bodies, like the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC). These steps are crucial in preserving your right to take legal action.
• Negotiation: Often, we can negotiate with your employer to reach a settlement that compensates you for the discrimination you endured. This can include back pay, reinstatement, promotions, and compensatory damages.
• Litigation: If a fair settlement cannot be reached, we are prepared to take your case to court. We have extensive trial experience and will vigorously represent your interests in court.
• Emotional Support: We know the emotional toll that discrimination can take. We provide compassionate support and guidance, ensuring that you don’t have to face this challenge alone.
• Preventative Measures: Beyond addressing your immediate case, we can also advise on preventative measures to protect you in the future. This includes educating you on your rights and how to document any further incidents effectively.

Contact Our Philadelphia Discrimination Attorneys Today

Our firm provides quality legal services and representation for employees who have experienced discrimination at work. We offer free initial consultations to let prospective clients become familiar with who we are and what we can offer. We also work on a contingency fee basis, which means we will not charge you unless we can recover compensation for you.

Contact Weisberg Law today to get started with our Philadelphia employment discrimination lawyers.