Category: Discrimination

What Are Effective Strategies for Resolving Employment Disputes?

By ,

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?

By ,

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?

By ,

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?

By ,

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.

Is There a Transgender Wage Gap?

By ,

Philadelphia Employment Lawyers at Sidkoff Pincus & Green Fight Workplace Discrimination.

Transgender workers earn nearly a third less than their cisgender coworkers, despite having similar levels of education and experience, a recent study shows.

The United States has more than 2 million workers who identify as transgender, so earning less impacts a significant number of working adults. Researchers with McKinsey & Company in 2021 reported transgender workers receive 32 percent less in pay than those who are doing the same job and are equally qualified.

The lack of equal pay is a serious problem for many transgender employees and may violate respective state or federal laws against discrimination.

Wide Pay Disparity for Transgender Workers

Virtually all workers who comprise the LGBTQ+ community say they are paid significantly less than their equally qualified and experienced counterparts. A recent study done by the HRC Foundation shows they are paid about 10 percent less than other workers, on average.

While 10 percent is a significant amount, it is much less than the 32 percent pay discrepancy among transgender workers. The disparity suggests transgender employees are among the least valued and lowest-paid workers regardless of their experience, education, and qualifications.

Majority of Transgender Employees Feel Excluded

The McKinsey report says more than half of transgender employees say they are not comfortable while at work. Many say they stay silent during work meetings and generally avoid socializing with coworkers.

The relative isolation of transgender employees makes it much harder for them to contest pay disparities orto simply feel included and respected while at work. Self-isolation will not help, but that often is a symptom of the workplace discrimination that occurs against transgender employees.

A lot of transgender employees say they do not feel as supported by employers as other employees. When they get paid nearly a third less than their equally qualified and experienced counterparts, the income disparity contributes to the feeling of alienation and a lack of support.

Pay Disparity Contributes to Transgender Poverty Levels

A darker side of the apparent pay disparity is its economic effect on transgender employees. Transgender people in general suffer high rates of poverty with about 22 percent living at or below the federal poverty level.

When paid almost a third less than others with similar experience and qualifications, the potential for impoverishment becomes much greater. Fortunately, you can fight pay discrimination and enforce your equal rights as a transgender employee when you retain an experienced employment attorney.

How to Fight Pay Discrimination?

Federal and many state laws say it is a type of sex discrimination to pay someone less due to gender identity. Pennsylvania and New Jersey laws ban discrimination based on gender identity, including lower rates of pay.

If you identify as transgender and are receiving less pay than your counterparts, you should retain an experienced employment lawyer to help uphold your rights. Your attorney can review your situation and help you to build a strong case that shows your employer is discriminating against you based on your gender identity.

There are steps that you must complete before a federal or state-level lawsuit could be filed. Those include filing a discrimination complaint with the federal Equal Employment Opportunity Commission.

When the commission affirms discrimination has occurred, employees can file lawsuits against their employers or other offending parties.

Philadelphia Employment Lawyers at Sidkoff Pincus & Green Fight Workplace Discrimination

If you are experiencing workplace discrimination of any kind, the Philadelphia employment lawyers at Sidkoff Pincus & Green can help to uphold your rights. You can call 215-574-0600 or contact us online to schedule an initial consultation at our Philadelphia law office. We represent clients who throughout Pennsylvania and New Jersey.

Are Algorithms Not Showing Equal Job Opportunities to Men and Women?

By ,

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green, P.C. Fight Against Sex and Gender Discrimination in Employment.

The days of searching the newspaper classifieds for open positions are long gone: potential employees now use sites such as Indeed, LinkedIn, Craigslist, and various social media platforms. But each one of the online job sites and social media sites are controlled by artificial intelligence-based algorithms. These algorithms ultimately control the specific jobs you will see when doing a search. There has been a question as to whether the algorithms are changing the results of job queries based upon the searcher’s gender. A new study by the University of Melbourne has shed some light on this real phenomenon in a report titled “Ethical Implications of AI Bias as a Result of Workforce Gender Imbalance.”

Women Are Not Being Shown Certain Job Ads and Listings

The data found in the study indicate that when job seekers use job sites and perform search queries, specific jobs will not be shown to job seekers who have identified as female. When male and female candidates perform the same job search query, specific high-paying jobs are shown to the male candidates but not the female candidates, even though the candidates have the same or similar qualifications.

This problem is most prevalent in high-paying technical jobs that have traditionally been male-dominated, which is believed to be one of the causes of biased AI algorithms. This can skew search results for women when they are performing searches for open positions in these industries.

Gender Bias in Algorithms Are Attributable to Humans

The gender bias that is found in AI algorithms are not caused by the algorithms themselves, but the gender bias that humans already have. Our own bias in encoded into the system due to the various datasets that the algorithms use. The University of Melbourne study found that human recruiters, on average, consistently rank female candidates lower in qualifications for finance jobs, technical jobs, and data analyst positions. The rankings were not even close to financial industry positions where female candidates were ranked four places lower than male candidates, even though each candidate presented with essentially the same qualifications on their resumes.

Surprisingly, the study also found that there was minimal difference in the rankings of candidates between male and female recruiters. So, it did not matter if the recruiter was male or female, they all consistently ranked women candidates lower than male candidates for jobs in certain industries.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green, P.C. Fight Against Sex and Gender Discrimination in Employment

If you believe you have experienced discrimination in the workplace or in hiring practices, you need to contact a knowledgeable and skilled employment law attorney to get your questions answered. Our Philadelphia employment lawyers at Sidkoff, Pincus & Green, P.C. have decades of experience in successfully fighting for the rights of women and other protected classes that suffer from employment discrimination. Call us at 215-574-0600 or contact us online to schedule a consultation at our Philadelphia law office. We represent clients in South Jersey and throughout Pennsylvania and New Jersey.

How to Fight a Racist Work Environment?

By ,

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Represent Clients Experiencing Racial Discrimination and Equality at Work.

Racial discrimination is an ongoing global issue affecting every area of life, including the workplace. The problem of workplace racism can be addressed if corporate leaders commit to identifying and correcting racial discrimination within the policies, processes, leadership, and staff, among other avenues. As organizations are making conscious efforts to improve diversity, equality, and inclusion, eliminating racism is a crucial starting point.

What Does Racism Look Like in the Workplace?

Racism in any environment can take many forms, including in the workplace, but some overall examples of workplace racism include:

  • Direct: Racial discrimination directly at one individual specifically due to their race, resulting in unfair treatment, demoted or denied promotions, not being allowed to interface directly with clients, and more.
  • Indirect: Racial discrimination through the employer’s policies or decisions that put individuals of a particular race at a disadvantage, specifically due to their race. Discrimination in those form could be policies such as a ban on certain types of headwear or hairstyles that directly affect employees of certain races.
  • Harassment: Derogatory comments, insults, threats of physical harm or employment consequences, and any other comments and behavior directed at a worker due to their race, creating a hostile work environment. This can be on behalf of the employer, supervisors, managers, coworkers or clients and frequently disrupts the targeted employee’s ability to successfully complete their work tasks.
  • Retaliation: Unfair or hostile treatment, demotion or denial of promotion, or unlawful termination in retaliation for submitting a race-related complaint or violation against an employer, coworkers, supervisors, or others.
  • Discipline: Non-white races of workers receiving more rules or more frequent or increased disciplinary actions, and scrutiny or criticism than their white counterparts.

What Are Some Ways to Combat Racism in the Workplace?

Excellence in leadership cannot be accomplished without proactively addressing racism in the workplace. Addressing diversity, equality, and inclusion can be complex and challenging, but must be handled properly and swiftly.

Tackling racism in the workplace benefits not only workers of any race, but business owners and businesses in general. Institutionalized racism is intertwined into organizations, processes, and systems that today that require ethical businesses to scrutinize and ultimately make true and positive changes. Actions toward eliminating racism in the workplace include:

  • Analyze and gather data: To begin making changes, businesses first need to investigate, analyze, and understand the forms of racism prevalent in the workplace and to the ethnicities disproportionally affected. Such diversity data should include the ethnicity of disciplined workers, ethnic make-up of teams at every level of seniority, and the pay gaps of different ethnicities and genders.
  • Be accountable: Approach racism with a commitment toward making positive change, which includes business owners and leaders holding themselves accountable and transparent, and conveying that to staff.
  • Examine processes: Revisit policies and processes regularly, and especially following a racist incident and what aspects of the culture permitted the incident. For many businesses, recruitment and line management tend to have discrimination and bias aspects, conscious or unconscious, that can be corrected, along with management education on unconscious bias.
  • Educate and train: Educating and training all staff members to understand and recognize racism is crucial to the success of removing it from the workplace and processes. Management teams must understand and apply equality, diversity, and inclusion in their everyday experiences and be able to educate and tackle racism within their teams.
  • Study systemic racism: Racist incidents at work often fall on the shoulders of the employee blamed. However, culpability typically falls on others within the business or the business itself, such as what policies or processes allowed the incident to happen in the first place. Racism in the workplace should be viewed as a symptom of the systems in place, and therefore change the systems.
  • Query the staff: One of the best methods of understanding what forms of racism exist in the workplace is to listen to the groups who are experiencing discrimination, do not disregard complaints, and ask employees how they can be better supported.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Represent Clients Experiencing Racial Discrimination and Equality at Work

If you are experiencing racial discrimination in your place of employment, our knowledgeable and experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. will help you fight for the equality you deserve and hold your employer accountable for the incidents of racism. Call us at 215-574-0600 or contact us online to schedule an initial consultation. We are located in Philadelphia and serve clients throughout Pennsylvania and New Jersey.

Are LGBTQ+ Workers’ Rights Protected?

By ,

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Workers Facing Discrimination.

Thanks to a 2020 U.S. Supreme Court ruling, it is illegal for a Pennsylvania employer to fire someone for being gay or transgender. The Supreme Court ruled that civil rights laws governing employment discrimination include protections for workers in the LGBTQ+ community. This ruling had a significant impact in Pennsylvania, where workers previously did not have such protection.

The Supreme Court interpreted Title VII of the 1964 Civil Rights Act to extend employment protections to LGBTQ+ people. This law has always prohibited discrimination based on race, religion, national origin, and sex. The court then determined that the definition of “sex” includes gender identity and sexual orientation.

LGBTQ+ Pennsylvanians have been trying for decades to be protected against employment discrimination. More than 50 municipalities, including Philadelphia and Pittsburgh, have had ordinances that protect LGBTQ+ people, but the result was a mishmash of laws, where a gay or transgender person could be fired in one city but not in another.

In addition, state employees are protected from discrimination based on sexual orientation because of an executive order by Gov. Milton J. Shapp in 1975. Another executive order in 2003 by Gov. Ed Rendell included protections for transgender state employees as well.

Pennsylvania’s nondiscrimination law, the Human Relations Act, does not specifically protect employees based on gender identity or sexual orientation. Like the federal law, it simply says that a person cannot be discriminated against based on sex.

Pennsylvania’s hodgepodge of LGBTQ protection laws no longer exists. With the Supreme Court’s most recent ruling, firing someone based on gender identity or sexual orientation violates civil rights law anywhere in Pennsylvania and across the nation.

With the Supreme Court’s ruling, companies, especially those who operate in multiple states such as Pennsylvania and New Jersey, must amend their policies to uniformly include protections for gender identity and sexual orientation. New Jersey’s nondiscrimination laws have included sexual orientation as a protected class since 1991, and gender identity since 2006.

What Should I Do if I Am Discriminated Against in Pennsylvania?

Employment discrimination occurs when a current or former employer takes an adverse action against you based on race, color, national origin, gender, religion, age (if over 40), disability, sexual orientation, or gender identity.

An adverse employment action could be:

  • Termination.
  • Demotion.
  • Not getting promoted.
  • Pay or benefit reduction.
  • Transfer to a new department or region.
  • Decrease in responsibilities.
  • Adverse performance reviews.

A Pennsylvania employee who believes their gender identity or sexual orientation is the reason for an adverse employment action must follow these steps to file a complaint:

Step One

You must first file a complaint of discrimination with either the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC) within 180 days of the adverse employment action. If the agency you file with believes the other agency would better handle your complaint, it will cross-file your complaint with the other agency.

Step Two

The agency that receives your complaint will assign an investigator to the claim. You and the employer will complete questionnaires. The investigator may follow up with phone calls or meetings for more information. The agency can mediate between you and your employer. If it cannot facilitate an agreement, it will decide whether to file a lawsuit in court against the employer on your behalf.

Step Three

If the agency decides to file a legal claim on your behalf, it will file the lawsuit and work with you throughout the legal proceedings.

If the agency decides not to file a lawsuit against the employer on your behalf, the agency will send you a “right-to-sue” letter. This letter gives you the authority to file a federal or state court claim. If this letter is from the PHRC, you must file a claim in court within two years. If it is from the EEOC, you have 90 days from the date of the letter to file a claim in Court.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Workers Facing Discrimination

Any employee who feels they may have been discriminated against should contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We can review the facts of your case and counsel you on the best next steps. For an initial consultation about your case, contact us online or call us at 215-574-0600. Located in Philadelphia, we serve clients throughout Pennsylvania, South Jersey, and New Jersey.

Am I Protected From Retaliation by My Employer?

By ,

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Employees Who Have Experienced Workplace Retaliation.

Every employee has the right to a workplace that is free from retaliation. Retaliation occurs when an employer acts negatively against an employee who has engaged in a legally-protected activity, including the following (not an exhaustive list):

  • Filing a discrimination claim, whether related to sexual, racial, religious or other discrimination.
  • Submitting an internal complaint of discrimination, including an informal and/or verbal complaint.
  • Questioning whether certain decisions or conduct of the employer are unlawful.
  • Discussing the employer’s practices with other employees.
  • Supporting a colleague’s discrimination or retaliation claim or internal complaint.
  • Requesting medical or maternity leave or a disability accommodation
  • Acting as a whistleblower.

What Is Employer Retaliation?

An employer actions can be considered retaliatory if they are motivated by the employee’s legally-protected actions. Examples of unlawful employer retaliation include:

  • Suspending, terminating, or demoting the employee.
  • Reducing an employee’s salary or benefits/eliminating benefits.
  • Refusing to promote the employee.
  • Issuing a negative performance review that is not accurate.
  • Disciplinary actions, such as probation or warnings.
  • Transferring the employee to a different department or area.
  • Harassing the employee.
  • Creating an uncomfortable work environment.
  • Starting rumors or gossip about the employee.
  • Writing up the employee for insubordination or other claims.

Protection Against Workplace Retaliation

Many different laws, federal and state, protect employees against retaliation. Workers who experience retaliation will go through their state’s Equal Employment Opportunity Commission (EEOC) for claims pursuant to the following.

Title VII of the Civil Rights Act of 1964

Protects employees from discrimination based on race, color, national origin, sex, and religion.

Fair Labor Standards Act

Makes it unlawful to discharge or discriminate against any employee because of filing a complaint or being willing to testify on a complaint.

Occupational Safety and Health Act

Protects employees who make workplace safety and health complaints.

Americans with Disabilities Act

Protects workers with disabilities in the workplace against discrimination or retaliation.

National Labor Relations Act (NLRA)

Gives rights to workers organizing, trying to form, join, or assist labor organizations to bargain as a group, and to engage in activities together with other workers. The anti-retaliation protection of the NLRA gives employees broad protection regardless of whether there is a union in the workplace.

Age Discrimination in Employment Act (ADEA)

Protects workers against age discrimination in the workplace.

On a state level, the Pennsylvania Human Relations Commission (PHRC) handles retaliation claims pursuant to:

  • Pennsylvania Human Relations Act (PHRA): The PHRA is a law that covers employment discrimination against workers by their employers for certain illegal reasons. The state enacted the law because workers who are not given equal employment opportunities may not reach their fullest potentials or enjoy the standards of living that they should. When people who have protected statuses suffer employment discrimination and are not given equal opportunities, they may then be forced to access public welfare.

Local laws can even protect workers. For example, Philadelphia’s Fair Practices Ordinance (PFPO) protects employees from discrimination and harassment based on their sex, sexual orientation, and gender identity.

What Can I Gain From a Retaliation Legal Claim?

An employee who has experienced employer retaliation should contact an employment lawyer. They may be entitled to recover compensation for their losses, including:

  • Lost wages and benefits due to being out of work (both past and future).
  • Curtailed career advancement opportunities.
  • Emotional trauma, humiliation, embarrassment, pain and suffering.
  • Reinstatement of lost position or benefits.
  • Attorneys’ fees and costs.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Employees Who Have Experienced Workplace Retaliation

Retaliation against employees for whistleblowing or other reasons is illegal. If you feel your rights have been violated, contact our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We help employees get fair and just compensation under the law. For an initial consultation, contact us online or call us at 215-574-0600. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

 

 

 

Former Employee Sues Behavioral Health Company

By ,

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Employees Who Have Been Wrongfully Terminated.

Allegations of Wrongful Termination Based on Her Age and Requests for Reasonable Accommodations

A Pennsylvania woman filed a lawsuit in the Western District of Pennsylvania against a behavioral health company alleging discrimination and unlawful termination. According to the complaint, the plaintiff, 61, worked as an outpatient treatment reporting screener for 21 years. She was diagnosed with anxiety and depression after her mother’s death, and requested reasonable medical accommodations at that time, including a two to three month medical leave. Upon her return on a part-time basis, she claims she became the target of harassment, receiving criticism for the quality and speed of her work and an increased workload.

The plaintiff submitted reasonable accommodation paperwork from her doctor requesting a lesser workload. Her request was denied without her employer providing any legitimate reason why. Shortly thereafter, she was given a written warning requiring her to perform an “unreasonable” amount of job duties for a part-time position, including a quota of 20 to 25 inquiries per day, returning all phone calls and covering for absent co-workers. She met with her supervisor and HR about the situation, and again requested accommodation to temporarily decrease her workload, but her request was again denied.

After the meeting with her supervisor and HR, the plaintiff received a follow-up email, stating she was now required to complete 20 to 25 complex inquiries or up to 60 less complex inquiries per day. She emailed both parties about the higher quota, but received no response, court documents state. The plaintiff informed her employer that her doctor had approved her to return to work full-time. However, before she was allowed to return to work full-time, she was terminated for allegedly failing to meet performance expectations. In addition to disability discrimination and retaliation, the plaintiff claims she was terminated because of her advanced age.

The lawsuit claims her employer violated the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act and the Pennsylvania Human Relations Act. The plaintiff is seeking the defendant to promulgate and adhere to a policy prohibiting discrimination and retaliation against employees; provide back pay, reinstatement and benefits; punitive and/or liquidated damages; other equitable and legal relief as the Court deems appropriate; and attorney’s fees.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Employees Who Have Been Wrongfully Terminated

If you believe that you were wrongfully terminated from your job, the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can assist you with these matters. To schedule an initial consultation, call us at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.