Derek Smith Law Group / Employment Law / Employment Discrimination / Employment Discrimination Attorney Philadelphia

Employment Discrimination Attorney Philadelphia

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What is Employment Discrimination in Philadelphia?
What is Employment Discrimination in Philadelphia?

Employment discrimination in Philadelphia occurs when an employee or job applicant has been subjected to a hostile work environment, suspended, demoted, harassed or terminated based on factors other than job performance, including, but not limited to: pregnancy, race, color, national origin, disability, sex, gender, sexual orientation, gender identity, age, military status, religion, or citizenship. These are protected classes under the law, and it is illegal to discriminate against an employee or job applicant because he or she is a member of one of these classes. For the past 25 years, the Derek Smith Law Group has helped victims of employment discrimination in Philadelphia receive the compensation they deserve. deserve for their Philadelphia Employment Discrimination cases.

What is Employment Discrimination in Philadelphia?

Employment discrimination in the workplace in Philadelphia is treating an employee or job applicant unfairly because of his or her status under a protected class. As mentioned above, a protective class includes:

Race
Color
National Origin
Religion
Age (over 40)
Disability
Pregnancy
Gender/Sex

Sexual Orientation
Genetic Information
Equal Pay/Compensation
Ethnic
LGBT
Hair
Citizenship
Military Status

Under the law, an employee or job applicant cannot be treated unfairly or harassed because of his or her membership in one of these or other protected classes. Doing so is illegal and is employment discrimination.

What Laws Protect Employees from Employment Discrimination in Philadelphia?

Several federal laws protect employees and job applicants from employment discrimination in Philadelphia. Federally, Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against an employee or job applicant (or harass) because of the individual’s status under race, religion, age, disability, sex, gender, sexual orientation, citizenship, national origin and more.

Many federal laws make different types of discrimination illegal, such as:

U.S. Code §1981
Fair Labor Standards Act
The Equal Pay Act
The Age Discrimination in Employment Act (ADEA)
The Rehabilitation Act of 1973

The Immigration Reform and Control Act of 1986
The Americans with Disabilities Act of 1990 (ADA)
The Genetic Information Nondiscrimination Act of 2008
and the US Equality Act of 2015

Pennsylvania also has a law that protects employees and job applicants from employment discrimination in the workplace: The Pennsylvania Human Relations Act. Additionally, the Philadelphia Fair Practices Ordinance is another local law that will help protect employees and job applicants from employment discrimination in the workplace.

What Evidence Is Needed to Prove Employment Discrimination in Philadelphia?

There are three types of evidence most commonly found in employment discrimination cases: Direct evidence; Disparate Evidence; and Policy evidence.

Direct Evidence. This is the “smoking gun” type of evidence. When an employer/CEO, supervisor/manager or even fellow employee or non-employee directly say to you that your status as a member of a protected class is the reason you did not get the job, were fired, demoted, refused a pay raise, refused a promotion, picked on, denied public accommodations, or any other unfair treatment in the workplace, this is direct evidence. This can come in the form of a verbal conversation or written communication, such as an email. Furthermore, this can be said directly to you could accidentally see or hear the communication intended for someone else.
Disparate Evidence. This is based on inferred meaning. In other words, disparate evidence means that there is a culture of making employment decisions and harassing or treating employees and job applicants unfairly because of their status of a protected class. For instance, if you can show that no one who is over 40 works in the workplace and that you are over 40 and turned down for the position, even though you were as qualified as the person who received the job offer, you may have disparate evidence of age discrimination.
Policy Evidence. Policy evidence is when there is a policy in place that is intended to or does discriminate against employees of a protected class. The policy does not need to intentionally discriminate as discrimination in the workplace is not always intentional. For Instance, if there is a policy in the employee handbook that says no one should be away from their desk for more than 5 minutes at a time per hour for any reason, that may unintentionally discriminate against Muslims who need prayer times throughout the day, pregnant women, and anyone who has a medical condition that requires them to be away from their deck for more than 5 minutes once per hour.

What Are Examples of Employment Discrimination in Philadelphia?

Employment discrimination can come in many forms. It can occur between fellow employees, come from supervisors or managers, clients or customers, vendors, or even the company CEO. Here are a few examples of employment discrimination:

Jokes about different foreign accents
Unwanted physical touching
Refusal to hire a pregnant woman because she is pregnant
Refusal to offer prayer time to Muslim employees
Scheduling essential project meetings during the Jewish holidays
Not promoting a qualified employee because of his or her national origin
Forcing an employee to use public accommodations on the other end of the building because he or she is black/African American
Not allowing a Jewish individual to wear a yarmulke at work
Cutting the hours of employees over 40
Forcing an employee over 40 to retire
Sexism
Spreading lies about an employee who refused sexual advances
Sexist comics being passed around the office
Refusal to put a ramp at the entrance of the office to allow disabled employees access
Using derogatory slurs against a Gay or Lesbian co-worker
Using racial slurs in the office in general
Reporting an employee to ICE as a method of retaliation
Denying a person with Diabetes the opportunity to eat lunch at a time that he or she requires
Refusing an employee the opportunity to work on a project because of his or her skin color
Wrongful termination of an employee because he or she is Gay or Lesbian
Refusing to give a pay raise to an employee over 40 even though he or she has taken on the additional work

These are just a few of many examples so f employment discrimination as they may occur in the workplace. The key is that any type of harassment or unfair treatment aimed at a person because of his or her protected class status is an example of employment discrimination, is illegal, and should not be tolerated.

What is the Statute of Limitations to File an Employment Discrimination Lawsuit in Philadelphia?

The Equal Employment Opportunity Commission (EEOC) governs Title VII claims. The time limit provided to file a Title VII claim is 300 days of the date of the last incident of employment discrimination.

The Pennsylvania Commission of Human Rights and the Philadelphia Commission of Human Rights allow a time limit of 1 year from the date of the last incident of employment discrimination to file a claim for investigation.

Each individual federal law has different time limits to file claims. For instance, Section 1981 allows 4 years from the date of the last incident of race discrimination to file a claim. Therefore, it is essential to know your rights and work with an attorney that can help you navigate the system.

What Remedies Are Offered by the Courts for Employment Discrimination in Philadelphia?

If you are the victim of employment discrimination, it is natural to wonder what relief can be sought in the courts. While much of the relief is often monetary, some can be injunctive relief (or actions) the court an insist your employer take. Here are some of the remedies available through the Philadelphia courts:

Reinstatement of employment and benefits
Back pay
Future pay
Reimbursement of benefit premiums
Reimbursement for medical expenses and other related expenses
Attorney’s fees
Pain and Suffering
Emotional Distress
Punitive damages. These are damages meant to punish the employer. They are calculated, in part, based on the nature of the action, the gross profits of the company, and whether this is the first offense.

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During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

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Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

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Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

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Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

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How Long Does It Take to Reach a Settlement in Philadelphia?

The time it takes to settle your employment discrimination in Philadelphia is entirely based on the case and the employer (or defendant). The average case can take anywhere from 4 to 6 months to 1 year or longer. If your employer is willing to negotiate and offers a fair settlement prior to going to trial, the case will be over in a few months. However, if the employer wishes to go to trial and refuses to settle, your case can take a year or longer to settle.

A Few Thing You Can Do Right Now

In order to have the best chance to succeed in your case and get the compensation you deserve, you should follow these steps:

Contact an employment discrimination attorney in Philadelphia immediately.
If you are still employed, do not quit your job. It can actually hurt your case.
If your company has an HR department, report the discrimination in writing.
If your company has a policy and/or procedure to handle employment discrimination, follow the policy as described.
Collect evidence. Document every incident, when it occurred, what happened, who was involved, and who witnessed the incident.

Verdicts & Settlements

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$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Contact Our Experienced Philadelphia Employment Discrimination Attorney for Your Free Consultation

Discrimination in the workplace is something that no one should have to deal with.

There is nothing that should determine your status, treatment, or pay in a company besides your work ethic, skill set, and ability to handle your job responsibilities.

If you are the victim of employment discrimination in Philadelphia, the Derek Smith Law Group can help. Contact us today at (215) 391-4790 for a free consultation. We do not get paid until you win your case.

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