Derek Smith Law Group / Employment Law Attorneys / Workplace Harassment Attorneys / Workplace Harassment Attorneys in Philadelphia

Workplace Harassment Attorneys in Philadelphia

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What Is Workplace Harassment in Philadelphia?
A protected class includes:
Contact Our Experienced Philadelphia Workplace Harassment Attorneys for a Free Consultation

Workplace harassment in Philadelphia occurs when an employer, CEO, supervisor or manager, or a co-worker treats an employee so unfairly because of his or her race, religion, color, national origin, gender, sexual orientation, religion, or any other protected class, it is considered severe and would drive a reasonable person to quit the company, if the opportunity was there.

It is commonly considered abusive treatment, and if related to a protected class, is illegal. For over 25 years, the experienced lawyers at the Derek Smith Law Group have helped victims of workplace harassment, like you, get the compensation they deserve.

What Is Workplace Harassment in Philadelphia?

Employers are allowed, under the law, to be rude, ignorant, loud, and even abusive. However, they are not allowed to do this if it violates your rights as outlined in Title VII of the Civil Rights Act of 1964. Workplace harassment, or a hostile work environment, is when an employer, supervisor/manager, CEO, or even fellow co-worker harasses you because you are a member of a protected class.
A protected class includes:

Race
Gender
Sexual orientation
National origin
Age (over 40)
Religion
Color
Disability
Gender identification
Military status
Pregnancy
Citizenship
Sex

Workplace harassment can come in many forms. It can include issues such as mocking you, constant insulting or demeaning comments, Jokes, slurs, constant or continual name-calling, Threats to your job or your safety, pictures or comics thrown about for public display, physical assault, and more.

What Evidence is Needed to Prove Workplace Harassment in Philadelphia?

In Philadelphia, in order to prove workplace harassment, you must prove three things.

You are a member of one of the protected classes mentioned above. If you are not a member of a protected class, you may have a horrible work environment, but it not considered hostile under the law.
You are being treated so poorly that a reasonable person will be severely offensive. This is known as sever and perverse treatment. To be considered workplace harassment, the treatment must be more than uncomfortable. It must be so severe that it makes for a horrific work environment.
There must be a correlation between the treatment and being a member of a protected class. If an employer yells at you, but he or she yells at other employees of different classes in the same manner, and he does not use any stereotypes or slurs, you cannot prove that the workplace harassment is related to you being a member of the protected class.

What Qualifies as Workplace Harassment?

Workplace harassment can rear its ugly head in many different ways. While it must relate to being a member of a protected class, that does not mean the harassment can not be more subtle at times. Here are some examples of workplace harassment may include:

Your boss using racial slurs every time he talks about you to others
Your co-worker outing your sexuality through an email sent to your company
Your supervisor berates you by calling you a dumb chick when you are being reprimanded
Your manager imitates your foreign accent when he has an issue with you
Your co-worker is allowed to wear clothing with pictures of Nazi propaganda
Emails with sexist jokes are sent around the office daily to everyone even though you have complained about it to your supervisor and HR
When your co-worker speaks to you, he yells and then says that he knows people your age cannot hear very well
Your boss propositions you for sexual favors in exchange for a pay raise
Your co-worker will not stop making comments about your body, even when you have asked him to stop and reported him to HR
Co-workers and supervisors are constantly telling jokes that make fun of different races even though you have made it clear they offend you.
Your boss threatens you physically because he does not like that you are a gay man.

What is the Statute of Limitations to File a Workplace Harassment Lawsuit in Philadelphia?

The time limit to file a lawsuit for workplace harassment depends on the claim for your harassment and how you wish to file. If you are filing a Title VII claims, you have 300 days to file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the claim and determine if your case has merit as a workplace harassment lawsuit. If they find merit in your case, you will be issued a Right to Sue letter which allows you to sue in federal court.

You may choose to file in state court, in which you can use the Philadelphia Fair Practices Ordinance. This provides a time limit of one year from the date of the last incident to file a claim.

If your claim relates to Racial discrimination, you may file a claim under 42 U.S. Code §1981 (Section 1981) within 4 years of the date of the last incident.

What Remedies Are Available to Victims of Workplace Harassment in Philadelphia?

If you are the victim of workplace harassment, you want the courts to offer you some relief for your pain and suffering. Some of the remedies offered to victims of workplace harassment include:

Reimbursement of medical and other related expenses
Attorney’s fees
Removal of the person responsible for harassment
Reviewing and revamping company harassment policy
Pain and suffering
Emotional distress
Punitive damages

Testimonials

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Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.

Olivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial

Desirae Gallardo

Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial

Chelsi Ferrini

Matt Finkleberg is by far the best attorney I’ve ever hired! From the outset, it was evident that he was not just another lawyer; Matt is nothing short of extraordinary. He possesses the ability to do his job phenomenally while somehow managing to give me hope during one of my darkest of hours. Matt consistently returned my calls promptly, regardless of my questions, confusion, or self-doubt ... Read Full Testimonial

Tanya Scheer

I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... Read Full Testimonial

Keely Mettlen

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

Rae Millstone

This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!

Stacey Marie Norton

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

Seedie Whiser

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 🙂

Seedie Whiser

Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial

Anthony Scearce

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

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Corey Kientz

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How Long Will Workplace Harassment Litigation Take to be Resolved in Philadelphia?

A lawsuit for workplace harassment in Philadelphia can take anywhere from 4 to 6 months to 1 year or more to resolve, depending on the parties involved. If your employer is willing to negotiate a fair settlement before trial, your lawsuit may be settled in as little as 4 to 6 months. However, if your employer wants to go to trial and refuses to settle, preparation for trial may take 8 months to a year or more. Then, the trial may take a few days to several weeks or more before a judgment is entered.

A Few Thing You Can Do Right Now

As a victim of workplace harassment, you may be trying to decide if you want to go through with filing a lawsuit. While you are making this important decision, here are a few things you can do right not to help your case should you chose to file.

Contact an experienced workplace harassment attorney immediately.
If you are still employed with your company, do not quit until you consult a workplace harassment lawyer.
If your company has an HR department, file a written complaint regarding the harassment. The courts will want to see that you provided your company an opportunity to fix the problem before filing a suit.
If your company has a harassment policy, follow it. Once again, the courts will want to see that you attempted to give your company the opportunity to right their wrongs.
Gather evidence. Collect as much evidence is possible. Keep all emails, tests, and notes that relate to the harassment. Document each incident, who was involved, when and where it occurred, and any witnesses.
Do not waste time. You have a limited amount of time to file your claim for harassment. Do not allow that time to run out.

Verdicts & Settlements

Our results speak for themselves

$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 Workplace Harassment Attorneys for a Free Consultation

While it is not against the law to be mean to your employees, it is against the law to be mean to them because they are different.

No employee should be ridiculed or forced to work in an environment where they are made to feel less-than-human because of gender, race, religion, pregnancy, age, or any other protected class status.

If you are the victim of workplace harassment, the experienced attorneys at the Derek Smith Law Group can help. Contact us today at (215) 391-4790 for your free consultation. We do not collect any money until you win your case.

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