he Individuals who have been the victim of employment discrimination have several avenues for seeking justice. Employment discrimination lawyers McCarthy Weisberg Cummings, P.C. can review your case and help you determine the proper way forward. Often, this will involve filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Rights Commission (PHRC). If that is unsuccessful, we can then explore options for taking your case to state or federal court.
Types of Discrimination
Discrimination can come in many forms. The most common types of employment discrimination cases we handle at McCarthy Weisberg Cummings, P.C. include:
- Race or ethnicity: Discrimination based on race, ethnicity and national origin is illegal. For employees and job seekers, this discrimination can come in the form of being passed up for a position or promotion in favor of someone less qualified or with less seniority. It can also include race-related pay differentials or layoff patterns, harassment on the job, language policies and more.
- Age: Any worker over 40 is protected from age-based discrimination by the Age Discrimination in Employment Act (ADEA). Age discrimination encompasses being forced into retirement early, marginalized on the job or passed over for training or promotions in favor of someone younger.
- Gender: The gender pay gap is an ongoing problem in the American workforce. Although the Federal Equal Pay Act makes it illegal for women to be paid less than men for the same job, the reality is that wage parity is still far away. Speaking out against sexist hiring practices, pay discrepancies and harassment in the workplace is an important step in the ongoing march toward breaking the glass ceiling.
- Pregnancy: Women within a certain age range are often denied professional opportunities out of fear they will soon become pregnant. Failure to hire or promote, denial of maternity or paternity leave and harassment are all common forms of pregnancy discrimination.
- Criminal Record: It is illegal for an employer to take a negative employment action against an employee based on their arrest record alone. The Fair Credit Reporting Act requires employers to ask an employees permission before obtaining a criminal history report. It also requires employers to provide the employee a copy of the record before taking any negative employment actions.
- Religion: Employment discrimination attorneys frequently handle cases involving religious harassment on the job as well as failure to make reasonable accommodations for people of all faiths. This can include policies banning religious headwear, forcing staff to work during holidays or other subtle forms of discrimination.
- Sexual orientation: While considerable progress has been made in protecting the rights of the LGBTQ community, there is not yet federal or, in Pennsylvania, state-level protection from employment discrimination based on sexual orientation. However, several municipalities, including Harrisburg and York, have passed laws making these forms of discrimination illegal. Contact the employment discrimination attorneys at McCarthy Weisberg Cummings, P.C. for a clearer picture of your rights.
- Family and Medical Leave Act (FMLA). As an employee in Pennsylvania, you have certain rights, and one of them is the right to get unpaid leave in the event of certain qualified medical emergencies or family situations.When you apply for FMLA leave, your job is supposed to be protected and waiting for you when you return. During your leave, you’re also supposed to continue to get medical insurance, and disciplinary action cannot be taken against you if you take FMLA leave.In addition, you are not expected to continue working during your leave. If your rights under this act have been violated and you feel you have been discriminated against because you had a family emergency or medical emergency requiring leave, contact an employment discrimination attorney at McCarthy Weisberg Cummings, P.C. to review your rights.
The ability to earn a living and advance professionally to our fullest potential is a cornerstone of American society. When unjust or discriminatory practices threaten your ability to do this, you owe it to yourself to explore your legal options. Contact a McCarthy Weisberg Cummings, P.C. employment discrimination attorney for more information. You can contact an employment discrimination lawyer at McCarthy Weisberg Cummings to review your situation and to get answers.