What to Do If Your Are Discriminated Against at Work
In the United States, descrimination in the workplace on the basis of age, gender, pregancy, race or ethnicity, religion or immigrant status is against the law. If you are discrinmated against for any of these reasons by your employer, you have a right to seek compensation of various kinds .
A number of federal laws make discrimination illegal:
The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 or older from employment discrimination based on age.
The Americans With Disabilities Act (ADA), passed in 1990, prohibits discrimination against people with disabilities in employment and public services, public and private transportation, public accommodations and telecommunication services. The ADA covers private employers with 15 or more employees, employment agencies and all levels of government.
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on:
sex,
race, color or national origin, or
religion
by a private employer, state or local government or educational institution with 15 or more employees for 20 or more weeks a year. Under U.S. law sexual harrasment is considered a form of discrimination based on sex.
The Pregnancy Discrimination Act of 1978 forbids employers from discriminating against workers on the basis of pregnancy, childbirth or related medical conditions.
The Immigration Reform and Control Act of 1986 prohibits employment discrimination based on national origin or citizenship status.
In cases of descrimination on the basis of age, disability, sex, race, religion or pregnancy, complaints can be filed with Pennsylvania offices of the U.S. Equal Opportunity Comission (EEOC). The EEOC also handles sexual harrasment complaints.
The EEOC has a district office located in Philadelphia and a field office in Pittsburgh. The Philadelphia EEOC office provides information on how to file a charge against an employer. The Web site notes that, in order to protect your legal rights, "it is always best to contact EEOC promptly when discrimination is suspected" because certain time limits apply. The EEOC maintains a general toll-free information number: 1-800-669-4000.
If you believe you have been discriminated against because you are an immigrant worker, there are two places where you may file a complaint. You may call the Office of the Special Counsel—the enforcement agency for employers with four to 14 employees—toll-free at 1-800-255-7688. If you work for a larger firm, you may file a complaint with the EEOC.
The more completely and accurately you are able to document your charges against your employer, the more likely you are to win your case. You should keep written notes of any incidents of descrimination. Your notes should include:
The time of the incident(s)
The date of the incident(s)
The place of the incident(s)
As complete a description as possible of the incident, including who was involved and any witnesses.
A UNION CAN HELP YOU STAND UP FOR YOUR RIGHTS
Few things in life can be as intimidating as standing up alone for your rights at work: some employers will say or do almost anything to avoid having to live up to their obligations under they law.
When you have a union at work, you don't have to stand up alone. Unions give you the power not to be intimidated when asking for what you are justly entitled to.
SHARE YOUR STORY ABOUT DISCRIMINATION ON THE JOB
Do you have a story about descrimination at workin Pennsylvania? Send it to us.
By documenting cases of employer discrimination we can make the General Assembly face up to the problem.