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Do I Need an Employment Lawyer to File a Discrimination Claim?

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Your Rights as an Employee.

For complex legal situations like a workplace discrimination claim, it is often a good idea to seek advice and guidance from legal counsel. An experienced employment lawyer can help you navigate the difficult process ahead.

How an Employment Lawyer Can Help You?

An experienced employment lawyer can provide invaluable assistance to an employee who may have been discriminated against at work. An employment attorney can help the employee in various ways beyond mere representation, such as gathering evidence and determining how the employer violated any laws and to what extent.

Gathering Evidence

Gathering evidence is a critical step in filing a discrimination claim. Experienced attorneys can help employees collect and document relevant information that proves discrimination occurred. This includes collecting emails, text messages, witness statements, and relevant documents. An attorney can assist by conducting interviews with witnesses and obtaining the employer’s records on the case.

Determine Whether the Employer Broke the Law

Determining whether the employer violated any laws is another important role for an experienced employment lawyer. An attorney can review state and federal laws related to discrimination and advise their clients on whether they may have a valid claim. They can also review any applicable collective bargaining agreements to see if there were any breaches of duty by the employer.

Presenting Your Case in Court

Presenting a case in court requires knowledge of civil procedure. A seasoned employment attorney will be familiar with all the steps involved in litigation, including how to properly draft pleadings, file motions, respond to discovery requests, present oral arguments, and negotiate settlements with opposing counsel. An attorney’s knowledge of court rules and procedures can greatly improve an employee’s chances of success when pursuing a discrimination claim against their employer.

Examples of Illegal Workplace Discrimination

Potential illegal workplace discrimination could be a manager refusing to promote an employee solely based on their gender. The manager may have given other people with lesser qualifications the promotion and justified it by saying the passed over employee was not a “good fit” for the job despite their qualifications, while every other person promoted was of the same gender, different from the employee passed over. This type of gender-based discrimination is illegal in all workplaces and can leave employees feeling devalued and powerless.

Sexual harassment can also rise to the level of illegal workplace discrimination where a supervisor sexually harasses an employee. This type of discrimination is illegal and involves unwelcome conduct, such as physical or verbal advances, making derogatory comments, or sending inappropriate texts or emails. In the scenario, the employee may feel powerless and unable to speak up because they fear reprisal from their superior. Sexual harassment can create a hostile work environment, leaving employees feeling embarrassed, intimidated, and violated.

Illegal workplace discrimination can also look like a hiring manager passing over qualified applicants based on their race or ethnic background. In this scenario, the manager would place job postings with language designed to restrict certain applicants from applying, such as indicating they “prefer” an applicant from a certain background, requiring unnecessary qualifications, or offering lower pay for the same position based on a person’s race. This type of discrimination is illegal and violates an individual’s right to equal employment opportunities. Such discriminatory practices can discourage employees from applying for positions and leave them feeling frustrated and undervalued in the workplace.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Your Rights as an Employee

If your employer is discriminating against you, you may have a valid legal claim against them. To explore your legal options, speak with our experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or fill out our online form to schedule an initial consultation. With offices in Philadelphia, we proudly serve our neighbors in South Jersey, Pennsylvania, and New Jersey.