Category: Discrimination

Workplace Accommodations for Disabilities: Legal Requirements and Best Practices

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Our Philadelphia Business Attorneys at Sidkoff, Pincus & Green P.C. Can Help You Create a Discrimination-Free Work Environment

Understanding the legal requirements for workers with disabilities is not just necessary but a responsibility. Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations for employees with disabilities. A reasonable accommodation is a modification or adjustment to a job, the work environment, or how things are usually done during the hiring process. These accommodations allow an individual with a disability to have an equal opportunity to get a job, perform job functions, and benefit from the same privileges of employment as people without disabilities.

Criteria for Reasonable Accommodations

In this context, the term “reasonable” does not mean whatever is convenient or easy. An accommodation is considered reasonable if it does not impose an undue hardship on the operation of the employer’s business.

What is reasonable? Let us look at three examples:

  • Physical modifications: Making existing facilities accessible to and usable by individuals with disabilities, like installing a ramp or modifying a workspace.
  • Job restructuring: Modifying work schedules or reallocating marginal job functions that an employee cannot perform because of a disability.
  • Technological aids: Providing or modifying equipment, such as adding voice-activated software for someone with a physical disability.

On the other hand, some accommodations may not be considered reasonable. Here are three examples:

  • Creating a new position: If a disability prevents an employee from performing their current role, and there is no similar vacant position available, the employer is not required to create a new job.
  • Personal use items: Employers are not required to provide personal items like glasses or hearing aids.
  • Lowering performance standards: The ADA does not require employers to lower quality or production standards as an accommodation.

Ensuring Compliance: Actionable Tips

Keeping pace with the complex legal requirements associated with workplace accommodations for disabilities can appear daunting. However, this should not deter your business from striving towards full compliance. Here are some comprehensive steps that will guide you on this journey.

Cultivate Open Communication

The first step towards ensuring compliance is fostering a culture of open communication within your organization. Regular dialogue with employees about their needs and concerns can go a long way in identifying potential issues before they escalate.

This involves more than just occasional check-ins. It requires creating an environment where employees feel comfortable discussing their disabilities or health conditions without fear of judgment or retaliation. This could include meeting regularly to discuss accommodation needs, creating anonymous suggestion boxes, or encouraging peer support groups.

Moreover, communication should not be a one-way street. Employers must also take the initiative to educate their employees about their rights under the ADA, the process for requesting accommodations, and the resources available to them.

Document Everything

In the event of legal scrutiny, having a robust documentation system is crucial. It is crucial to maintain thorough records of all requests for accommodations, the actions taken in response to these requests, and the rationale behind any decisions made.

These documents should include the specific nature of the request, details of the discussions, any medical information provided, the options considered, and the outcome. This will provide a clear paper trail in case of disputes and help identify patterns, evaluate the effectiveness of accommodations, and make necessary adjustments.

Stay Abreast of Legal Changes

The legal landscape of disability rights and accommodations is not static. Laws and regulations evolve, often in response to court rulings, legislative amendments, or changes in societal attitudes toward disability.

Businesses must stay informed about these changes. This could involve subscribing to legal newsletters, attending seminars or webinars, engaging legal counsel, or partnering with disability rights organizations. Regularly reviewing federal and state laws to ensure compliance is not just a box-ticking exercise but an integral part of your commitment to creating an inclusive and discrimination-free workplace.

Our Philadelphia Business Attorneys at Sidkoff, Pincus & Green P.C. Can Help You Create a Discrimination-Free Work Environment

Fostering an inclusive workplace is a practice that can drive innovation and productivity. By understanding and implementing appropriate accommodations, you are investing in your employees’ success and the success of your business. At Sidkoff, Pincus & Green P.C., we are committed to helping businesses like yours. We are a premier regional firm with decades of experience. Speak with our Philadelphia business attorneys to learn more. Contact us online or call us at 215-574-0600 to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

  Category: Business Law, Discrimination
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The Role of HR in Employment Law Compliance: Strategies for Effective HR Management

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Our Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Protect Your Business

Navigating human resources (HR) can be a complex task for any business, particularly small businesses in Philadelphia. Ensuring compliance with employment law is not just about avoiding penalties; it is about creating a healthy work environment that promotes growth and productivity.

HR is the backbone of an organization, supporting its most valuable assets – its employees. HR professionals are responsible for many tasks, from recruitment and onboarding to managing employee relations and ensuring compliance with labor laws. They help shape the company’s culture, drive employee engagement, and contribute to achieving the organization’s strategic goals.

HR professionals often grapple with intricate laws and regulations that govern the workplace. These laws cover discrimination, harassment, wage and hour requirements, leave entitlements, and health and safety standards, among others. A misstep in managing these areas can lead to substantial legal issues, including lawsuits, fines, and a tarnished reputation.

For instance, if an HR professional is not up-to-date with the latest anti-discrimination laws and makes a biased hiring decision, the company may face a lawsuit for discriminatory practices. Similarly, incorrect classification of employees as exempt or non-exempt could result in wage and hour disputes and potential penalties.

Ensuring Compliance: Tips and Strategies for Small Business Owners

As a small business owner, you might not have a dedicated HR department. However, that does not absolve your business from complying with employment laws. Here are some strategies to help you ensure compliance.

Stay Informed

Laws and regulations continuously evolve, and what was compliant yesterday may not be today. Staying informed about changes in employment laws is crucial. This might involve subscribing to HR newsletters, attending webinars, joining local business groups, or following relevant social media accounts.

There are also government websites that provide up-to-date information on labor laws. For example, the U.S. Department of Labor has a comprehensive website with resources on various aspects of employment law. Staying informed helps you anticipate changes and implement necessary adjustments in your policies and practices.

Develop Clear Policies

Clear, written policies serve as a roadmap for both employees and management. They define acceptable behaviors, outline procedures, and provide a framework for handling issues. These policies should cover harassment, discrimination, leave entitlements, wage and hour requirements, and health and safety standards.

A policy is only as good as its implementation. Once you have developed these policies, communicate them effectively to all employees and ensure they are accessible. Regularly review and update these policies to reflect changes in law or company operations.

Regular Training

Training is a proactive way to prevent legal issues. Conduct regular training sessions to educate your employees about their rights and responsibilities under the law and company policies. This can include anti-harassment training, diversity and inclusion workshops, or seminars on workplace safety.

Training should not be a one-time event but an ongoing process. Document these training sessions – who attended, what topics were covered, and ideally, have employees sign an acknowledgment form. This documentation can help demonstrate your company’s commitment to compliance if a legal issue arises.

Record-Keeping

Good record-keeping is a critical aspect of compliance. Maintain accurate employee data records, including hours worked, leaves taken, performance evaluations, and any incidents or disciplinary actions.

These records are not only a legal requirement but can also provide valuable evidence if a dispute arises. Ensure that these records are securely stored and only accessible to authorized personnel. It is also essential to understand the required retention periods for different types of records under the law.

Seek Legal Advice

Employment law can be complex, and sometimes you may need professional guidance. Do not hesitate to seek legal advice when unsure about a compliance issue or a potential legal problem. An experienced lawyer can help you understand your obligations under the law, advise on best practices for compliance, and assist in handling legal disputes.

It is often more cost-effective to invest in preventative legal advice than to deal with lawsuits or penalties down the line. Regularly consulting with a lawyer can help keep your business on the right side of the law and foster a better work environment for your employees.

Our Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Protect Your Business

Complying with employment laws is an ongoing responsibility that requires attention and diligence. As a business owner, managing this alongside your other duties can be challenging. With the right strategies, you can create a compliant, productive, and positive work environment. At Sidkoff, Pincus & Green P.C., we are committed to helping businesses like yours navigate the complexities of employment law. Speak with our Philadelphia business lawyers today. Contact us online or call 215-574-0600 to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

Discrimination in the Workplace: Recognizing, Reporting, and Preventing

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Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Protect Your Rights

Workplace discrimination is an unfortunate reality that affects numerous employees across various industries. It is a practice that not only creates a hostile work environment but also infringes upon the rights of individuals as outlined by state and federal laws.

Workplace discrimination occurs when an employer treats an individual or a group unfavorably due to their race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information. Such behavior can manifest in hiring practices, promotions, job assignments, training, pay, benefits, layoffs, and firing.

In Pennsylvania, the Pennsylvania Human Relations Act (PHRA) prohibits employers from discriminating against their employees. The law applies to employers with four or more employees and covers areas that include, but are not limited to, hiring, promotion, dismissal, compensation, and harassment.

Recognizing Workplace Discrimination: Five Scenarios

Recognizing discrimination in the workplace is the first step toward addressing it. Here are five fictional scenarios that illustrate different forms of workplace discrimination:

  • Age discrimination: A 50-year-old employee is consistently overlooked for training opportunities offered to younger colleagues with less experience. Despite his seniority and proven track record, he feels sidelined due to his age.
  • Race discrimination: A Hispanic employee has been with her company for three years. Lately, she has noticed her manager assigning her less significant tasks than her white colleagues, hindering her professional growth.
  • Disability discrimination: An employee with a physical disability requests a reasonable accommodation to perform his duties effectively. His request is denied without any valid explanation, even though accommodating him would not cause undue hardship to the company.
  • Sexual harassment: A female employee is regularly subjected to inappropriate comments and advances from a male colleague. She reports the incidents to her supervisor, who dismisses her complaints, contributing to a hostile work environment.
  • Religious discrimination: A practicing Muslim experiences negative comments about his faith from his coworkers. His employer does nothing to stop this behavior, which has created a hostile work environment.

Reporting and Preventing Workplace Discrimination

If you believe you are a victim of workplace discrimination, it is crucial to take the following steps:

  • Keep detailed records: Document every incident of discrimination, including dates, times, locations, the individuals involved, and any potential witnesses. This record will be valuable evidence if you file a formal complaint or legal claim.
  • Report internally: Inform your supervisor, HR department, or another appropriate authority within your organization about the discrimination. Be sure to follow your company’s established procedures for reporting discrimination.
  • Preserve evidence: Save any related emails, text messages, or other written communications that could indicate discrimination. Also, keep copies of performance evaluations, disciplinary actions, or other employment records that may be pertinent.
  • Consult an attorney: If the discrimination continues after reporting it internally, or if you face retaliation for making a report, consult an attorney. They can guide you on the next steps, including filing a complaint with the Pennsylvania Human Relations Commission (PHRC) or the Equal Employment Opportunity Commission (EEOC).

Preventing workplace discrimination requires a collective effort. Employers must foster an inclusive work environment, provide diversity and sensitivity training, and enforce a firm anti-discrimination policy. On the other hand, employees should respect their colleagues’ rights and report discriminatory behaviors.

Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Protect Your Rights

Discrimination in the workplace is a serious issue that infringes upon individual rights. If you are facing workplace discrimination in Pennsylvania, know that you are not alone. Speak with our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We are a premier law firm with decades of experience. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

Religious Accommodations in the Workplace: Balancing Beliefs and Business Needs

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Our Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Your Business Stay Compliant

Religion plays a significant role in the lives of many individuals, influencing their behavior, dress, dietary habits, and observance of certain holidays. As business owners, it is crucial to understand how these religious practices intersect with workplace obligations and requirements.

Religious accommodation refers to any adjustment to the work environment allowing employees to practice their religion. The U.S. Equal Employment Opportunity Commission (EEOC) requires employers to reasonably accommodate an employee’s religious beliefs or practices unless doing so would impose an undue hardship on the operation of the employer’s business.

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. This includes accommodating religious beliefs unless it causes more than a minimal burden on the operations of the employer’s business.

The Necessity of Religious Accommodations

Beyond legal compliance, providing religious accommodations can contribute significantly to creating an inclusive and supportive workplace. It shows respect for employees’ differences and can enhance the sense of belonging, thus boosting morale and productivity. It also helps businesses attract and retain a diverse workforce.

Here are some examples of what reasonable religious accommodations may look like:

  • Flexible scheduling: If an employee observes a day of rest or prayer on a specific week, employers can offer flexible scheduling, such as allowing shift swaps with colleagues or offering compensatory time off.
  • Dress code exceptions: If an employee’s religious beliefs require them to wear specific garments, such as a hijab, turban, or yarmulke, employers can make exceptions to their dress code policy to accommodate these practices.
  • Dietary accommodations: If the workplace provides meals, consideration should be given to employees with religious dietary restrictions, such as offering kosher, halal, or vegetarian options.

What Are Unreasonable Accommodations?

Not everything, however, is a reasonable accommodation. If an employee requests the following, these might create an undue hardship for a business and may not be required. Examples of unreasonable accommodations include:

  • Full day off for religious observance every week: While employers should attempt to accommodate requests for time off for religious observances, they may not need to provide a full day off every week if it causes undue hardship, such as high costs or disruption to business operations. Instead, they might offer flexible scheduling or the use of vacation days.
  • Large-scale infrastructure changes: If an employee requests a dedicated prayer room, but space is limited, and repurposing an area would cause substantial difficulty or expense, the employer may suggest alternatives like using a private office or break room during prayer times.
  • Exemption from essential job duties: Employers may not need to accommodate a request requiring exemption from performing essential job functions. For example, a cashier who refuses to handle alcohol due to religious beliefs may be assigned to another role that does not involve alcohol rather than exempting them from this task.

Our Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Your Business Stay Compliant

While balancing religious accommodations and business needs can be challenging, it is both a legal requirement and a beneficial practice. Our team understands that implementing reasonable accommodations can foster an inclusive environment. Speak with our experienced Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. about how we can help. Call 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we serve clients in New Jersey and Pennsylvania.

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What Is Alternative Dispute Resolution in Employment Law Cases?

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Find a Suitable Business Dispute Resolution.

Dealing with employment disputes is never easy, and it is often complicated to find a workable solution, especially in legal cases. However, did you know that there may be a way to resolve employment disputes without the need for litigation or court proceedings? This is called alternative dispute resolution (ADR), which is an efficient, effective, and less expensive way to resolve disagreements.

ADR is a process used to settle disputes without going to court. ADR is a less formal and less expensive approach, typically involving a neutral third party such as a mediator or an arbitrator, to help participants reach an agreement. The goal of ADR is to solve the dispute fairly and amicably.

Different Types of ADR

Here are some common types of ADR:

  • Mediation: Mediation usually involves a neutral third party acting as a mediator to help participants reach a mutually acceptable agreement. Mediation can be particularly useful for disputes where the relationship must continue, as it allows the parties to maintain an amicable relationship.
  • Arbitration: In arbitration, a neutral third party acts as an arbitrator and makes a binding decision on the dispute. Unlike mediation, parties have less control over the outcome of the dispute, but the process is more time-efficient.
  • Negotiation: Negotiation is a process where parties involved in a dispute attempt to find a mutually acceptable solution on their own, usually through face-to-face conversations.
  • Collaborative law: Collaborative Law usually involves the parties and their attorneys agreeing to work together outside of court to resolve the dispute.

Benefits of Alternative Dispute Resolution

ADR offers several benefits to employers and employees, including:

  • Saves time: ADR processes are often faster than court proceedings, which could take months or years to solve.
  • Saves money: ADR is often less expensive than the traditional court process. The costs of litigation can be a huge financial burden for small businesses.
  • Offers more control: ADR provides participants with more control over the outcome of the dispute, unlike litigation where the outcome is in the hands of the court.
  • Maintains privacy: Court proceedings are public record, and they may damage the reputation of the business. ADR, on the other hand, maintains privacy and confidentiality, which can be essential for small businesses.

Why Is ADR Useful in Employment Disputes?

Employment disputes can be quite complicated, and litigation may not be the best approach to solve them. ADR offers a more flexible and amicable way to solve disputes that are personal and sensitive to employees. Here are a few examples of employment disputes that can be resolved through ADR:

  • Discrimination claims: Disputes involving discrimination can be particularly sensitive and personal. Mediation, in particular, provides an amicable and fast solution.
  • Harassment claims: Harassment claims can also be sensitive and personal. Arbitration, under certain circumstances, can provide a more expedient and confidential solution.
  • Wage disputes: Claims regarding pay or other wage disputes can be resolved through mediation or negotiation.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Find a Suitable Business Dispute Resolution

Employment disputes happen despite your best efforts to prevent them. When they arise, ADR could be the most cost-effective and time-efficient way to resolve the matter. Get the legal help you need today by speaking with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we proudly serve clients in Pennsylvania and New Jersey.

The Top 5 Mistakes Employers Make in Hiring and Firing Procedures

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Keep Your Business Compliant.

As a business owner, hiring and firing can be stressful. Unfortunately, many employers make mistakes in hiring and firing. These mistakes can result in costly lawsuits, disciplinary actions, and low employee morale.

Hiring Mistake 1: Not Defining the Job’s Qualifications or Overlooking Them

Without a clear and concise definition of what the job requires, you cannot effectively identify the ideal candidate. Defining the job includes creating a job description, stating employee qualifications, and establishing their duties and responsibilities. Overlooking some qualifications can also lead to disastrous outcomes. For instance, hiring a person with a history of misconduct in finance to handle your business’s finances. This mistake can be avoided by reviewing resumes and applications and conducting background and reference checks.

Hiring Mistake 2: Not Conducting Effective Interviews

Another common mistake that employers make is not asking appropriate job-related questions during interviews. Asking irrelevant questions, not taking notes, and interrupting the candidate are signs of poor interviewing skills. Conducting effective interviews involves asking job-related questions, assessing the candidate’s behavior, experience, and references, and evaluating the candidate’s fit with your company culture.

Hiring Mistake 3: Rushing the Hiring Process

Hiring the first candidate that applies can be the biggest mistake an employer can make. It is crucial to take your time and evaluate all candidates based on job requirements and experience. Rushing the hiring process can lead to poor hiring decisions and high turnover rates. Rushing can also lead to neglecting to check references and conducting background checks. It is essential to have a hiring timeline that incorporates each step of the hiring process.

Hiring Mistake 4: Not Offering Competitive Wages and Benefits

Compensating low wages and minimal benefits often leads to high turnover rates, leaving your business exposed to financial liabilities. Offering competitive wages and benefits packages is critical to keeping your employees and attracting top talent. Employers must determine what they can afford and offer alternative benefits, such as a flexible work schedule, paid time off, and bonuses.

Hiring Mistake 5: Ignoring Discrimination Laws

Ignoring discrimination laws during the hiring process can lead to costly fines and lawsuits. Employers need to develop and maintain fair and nondiscriminatory hiring policies, including EEOC guidelines, state, and federal laws. This involves avoiding discriminatory hiring practices based on age, gender, race, sexual orientation, disability status, and other protected classes.

Firing Mistake 1: Improper Documentation

Not documenting employee actions, problem behavior, and performance can lead to misunderstandings and costly litigation. Documenting employee performance includes dates, times, and incidents. Documentation should address areas of improvement, the steps the employer took to provide feedback, coaching, and support.

Firing Mistake 2: Appearing Biased or Prejudiced

Appearances of bias or prejudice can lead to costly discrimination lawsuits, including wrongful termination. Employers must communicate clearly and genuinely when terminating or disciplining an employee. Avoid making comments that could appear potentially discriminatory.

Firing Mistake 3: Acting Based on Emotions

While employers may have strong feelings about a situation, it is essential to make objective decisions rather than acting on emotions. Employers must remain in control and take the necessary time to analyze situations before taking any disciplinary action or terminating an employee.

Firing Mistake 4: Terminating as Retaliation

Retaliation against employees who complain, challenge, or make a report against an employee or employer violates federal and state employment laws, and it can be incredibly damaging.

Firing Mistake 5: Neglecting Ongoing Performance Feedback

Neglecting ongoing performance feedback leads to high turnover rates and creates an uncomfortable work environment. Employers should routinely provide feedback, both positive and constructive, to their employees. Offering feedback promotes a positive work environment and reinforces that the employer values their employees’ contributions.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Keep Your Business Compliant

It is crucial that your business has clear and structured hiring and firing processes. Protect yourself and your business by speaking with one of our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

What Are Effective Strategies for Resolving Employment Disputes?

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Resolve Your Business Disputes.

Conflict in the workplace happens. Whether it is between co-workers, managers, or customers, disputes arise and need to be addressed quickly and efficiently. Unresolved conflict can lead to a disengaged and unhappy workforce, which can be detrimental to your business. It is important to have strategies in place for resolving employment disputes when they occur. Here are some tips on how you can approach resolving conflicts in a productive way.

Clarify the Source of Conflict

The first step is understanding why the dispute has occurred in the first place. It could be due to differences in opinions about something, or a misunderstanding of expectations between parties. It could even be due to a disagreement about resources or who gets credit for tasks completed. Taking time to gain clarity on where the issue lies is essential before moving forward with any resolution plan.

Find a Safe Space To Talk

Once you have established what sparked the conflict, it is important that everyone involved feels safe enough to voice their feelings and opinions without fear of judgment or retribution from anyone else involved. This could mean having an open discussion about the situation or bringing in a third-party mediator who can ensure that everyone has a chance to speak openly without interruption from anyone else involved in the dispute.

Listen and Let Everyone Have Their Say

Listening is key when it comes to resolving conflicts at work; it shows respect for everyone involved and helps build trust between the parties. This means actively listening and paying attention to what everyone is saying so that you can understand each side of the story before coming up with a solution.

Investigate

In some cases, like if harassment is involved, an investigation may need to take place before any resolution can be reached. If someone says that they have been treated unfairly, it might need to be investigated. This means asking questions and looking for the truth about what happened. It is important to be impartial and open-minded during this process so everyone has the chance to present their case. Make sure you document your investigation, as it could be needed if a legal issue arises.

Agree On an Outcome

After all sides have had their say, it is important that an outcome is reached or an agreement is made between those involved so there are no lingering issues. If no consensus or agreement can be made, then make sure that you make the best decision for your business moving forward; this will help maintain productivity and keep morale high. If there is a legal matter like discrimination involved, it is advisable to discuss the outcome with a legal advisor.

Evaluate and Prepare

An employer can evaluate an employment conflict outcome by assessing the root cause of the dispute, identifying patterns or trends that may have led to the conflict, and investigating potential workplace policies or legal issues that may have been involved. Additionally, they can look back at communication between all parties involved, review feedback received from employees regarding their experience with the situation, and take necessary steps to create a positive work environment. This could include introducing stronger HR protocols, providing additional training or coaching resources for both management and employees, and creating open channels of communication.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Resolve Your Business Disputes

Despite taking precautions, you may still find yourself with an employment dispute. This is not something you should ignore. Speak with one of our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C today. Contact us at 215-574-0600 or complete our online form to schedule an initial consultation. Located in Philadelphia, we serve clients in New Jersey and Pennsylvania.

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

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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.

Does Pregnancy Stigma Exist in the Workplace?

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Pregnancy Stigma Exist in the Workplace.

Despite numerous laws banning pregnancy discrimination in the workplace, pregnant employees continue to report varying degrees of harassment and stigmatization. In fact, according to the most available Equal Employment Opportunity Commission (EEOC) and other government-run entities’ filings and data, more than 50,000 claims related to pregnancy discrimination were submitted in the last decade.

Recognizing signs of pregnant worker discrimination can be challenging at times. While some types of discrimination are obvious, others are more subtle. This is why many pregnant employees turn to employment lawyers to help them determine if they have potential pregnancy discrimination cases against their employers.

What Does Pregnancy Stigma and Discrimination Look Like?

The broadest possible definition of pregnancy discrimination is discrimination against a pregnant individual or a recently pregnant individual. The discrimination can be pervasive, feeling built into the culture of an organization. It may come directly from a single person, such as a manager or co-worker. Alternatively, it might appear in several forms over the course of the worker’s pregnancy, maternity leave, and return to the job.

The Pregnancy Discrimination Act was passed in 1978 to tackle pregnancy discrimination, and the Americans with Disabilities Act of 1990 touches upon pregnancy stigma. Unfortunately, even with these regulations and laws in place, plenty of pregnant workers say that they have experienced discrimination because they were carrying a child.

In one study of workers who were pregnant, around one-quarter of those surveyed said they were so concerned about being treated unfairly that they withheld news about their pregnancies out of fear.

What Are Some Examples of Pregnancy Discrimination?

There is no one kind of pregnancy discrimination. For that reason, the examples of pregnancy discrimination are quite widespread and all-encompassing.

  • Being inappropriately touched by colleagues, especially in the abdominal area.
  • Being skipped over for promotions.
  • Being forced to leave.
  • Being told that they cannot have temporary accommodations, such as being able to sit in a chair instead of standing.
  • Being called out for stereotypical “pregnant person” attributes, such as postpartum depression, inflexibility, lack of commitment, or mood swings.
  • Being denied employment despite having posted qualifications.
  • Being offered lower salaries than are offered to male counterparts performing the same roles.
  • Being taken off of prime job assignments.
  • Being overlooked for coaching, training, mentoring, and professional development opportunities.

What Are the Effects of Work-Based Pregnancy Stigma?

A workplace that allows known pregnancy discrimination to continue can become emotionally toxic and stressful for both pregnant workers and the teammates who support them. Not only is pregnancy discrimination unlawful and unethical, but it can cause long-term health problems for pregnant employees and their babies.

One piece of research from Baylor University uncovered a correlation between pregnancy discrimination in the workplace and a host of unwelcome physical and mental symptoms for mother and child. These symptoms ran the gamut from lowered birth weight and higher risk of postpartum responses to increased need for doctor appointments.

What Should Pregnant Workers Who Experience On-the-Job Bias Do?

If you or someone you love experiences job-related pregnancy discrimination, you can take a few steps. First, get in touch with someone in the human resources or personnel department. Ask for a copy of the employer’s pregnancy discrimination policy. Be aware that some companies are more forthcoming than others.

Next, keep track of any discriminatory or biased infractions, discussions, or messages. Never delete Slack pings or emails, and keep all handwritten notes. It is easier to make a case against an employer with documentation.

Finally, speak with an employment lawyer. Employment attorneys have the background to advise you on your rights as an employee. Above all else, you legally deserve to be treated fairly no matter what your medical condition.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Hold Employers Who Allow Pregnancy Discrimination Responsible

Did you or someone you care about experience pregnancy discrimination, stigma, or bias on the job? Call our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. at 215-574-0600 or fill out our online contact form. Our team has an office in Philadelphia and our attorneys handle employment law cases in Pennsylvania and New Jersey.

What Should I Do If I Believe My Employer Is Racially Discriminating Against Me?

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The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Support Employees Facing Workplace Racial Discrimination.

Workplace racial discrimination could be subtle, obvious, and/or systemic, but no matter which category it falls into, it is against the law. There are state and federal laws in place that prohibit this kind of behavior and if you believe that you have been targeted, you do not have to put up with it. The main things to remember are to gather as much evidence as possible and to follow company procedures for reporting what happened. Here are some other things that you should know.

What is the Definition of Employment Discrimination and What are My Rights?

Racial discrimination is a form of employment discrimination. It happens when employers and co-workers treat employees or applicants in less favorable ways, based on race. Examples of mistreatment based on race might include:

  • Being denied benefits and promotions
  • Enduring offensive actions, comments, and communications from colleagues, vendors, or managers
  • Not being given equal pay
  • Not being hired for a job even though you are equally or more qualified than other applicants
  • Not being permitted to wear your hair, clothing, or accessories that relate to your racial or ethnic identity (with the exception of such being hazardous to your working conditions.)
  • Not qualifying for job-related training/not being included in meetings

Employees have the right to be in working environments that are free of discrimination. If you feel that you are being treated differently because of your race, you also have the right to bring this up with your employer.

How Can I Prove Workplace Racial Discrimination?

Generally, managers and executives know better than to blatantly discriminate against employees in ways that can be documented (emails, flyers, voicemails) but if this happens, save everything in a safe place and include dates and times.

You may have to provide indirect evidence to prove a case of racial discrimination. Write down instances of discrimination (with dates and times) and see if you can get any witnesses to back you up. You can also find out what others with the same experience and responsibilities as you are being paid, document your skills, and find out why someone else got that promotion you were highly qualified for.

Can I File a Racial Discrimination Claim at Work?

The answer to this question should be in your employee manual, along with the steps you need to take. Smaller companies do not always have HR representatives, so you may have to go through another channel. Draft a formal letter of complaint and attach any evidence you may have gathered. Document the employer’s response and any actions they may have or may have not taken on your behalf.

Should your complaints not be addressed, you can file a complaint with the Equal Employment Opportunity Commission, a state agency, or a local one like the Philadelphia Commission on Human Relations. Follow the instructions carefully, and you may receive a positive response. Otherwise, you have the option of contacting an employment lawyer.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Support Employees Facing Workplace Racial Discrimination

Your workplace should be free of any kind of discrimination, but some employees still experience this kind of abuse. If this has happened to you, contact the skilled Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Our caring, assertive Philadelphia employment lawyers offer confidential consultations and can fight to protect your rights. Complete our online form or call us at 215-574-0600. We are located in Philadelphia and serve clients in South Jersey, Pennsylvania, and New Jersey.