Philadelphia Employment Discrimination Lawyers

The law protects you against employment discrimination on the basis of national origin. It is unlawful to discriminate against any employee or applicant of employment because of the individual’s national origin. No one can be denied equal employment opportunities because of place of birth, ancestry, culture or linguistic characteristics to a specific ethnic group. Equal employment opportunities cannot be denied because of marriage or association to a person of a national origin group, membership/association with specific ethnic groups, attendance or participation in schools, churches and temples associated with national origin groups or a surname that is associated with a national origin group.

One example of national origin discrimination is when an employer requires its employees to speak only English at all times. This violates both federal and state law, unless an employer can show it is necessary for conducting business. If an employer believes that English-only rule is critical, employees must be told that they must speak English and the consequences of violating the rule must be explained. Any action taken by an employer against an employee for breaking the rule may constitute discrimination if the employer did not make the rule and consequences known to the employee.

Harassment based on national origin violates the law. Ethnic slurs, verbal or physical contact because of an individual’s nationality can constitute harassment, creates a hostile work environment and unreasonably interferes with an individual’s work performance. Companies have a responsibility to maintain a work place free of national original harassment.

Many companies have policies regarding any discrimination, harassment or retaliation that occurs in their company handbook. Likewise, they may have reporting requirements, which may mandate you to follow a certain procedure. You should request that the company take action to correct and stop any discrimination, harassment or retaliation that is taking place. You should follow the procedure and document your actions in writing. Failure to follow the procedure may lead to a denial of your rights to recover legal damages for the improper action of the company.

You have to act promptly.

There is a limited time in which you can bring a claim for discrimination, harassment, or retaliation. You must file your claim with the Equal Employment Opportunity Commission (EEOC) under Title VII of the Civil Rights within 180 days of the last act of discrimination. The same holds true for filing a state claim with the Pennsylvania Human Relations Commission (PHRC). However, if you file a claim with the PHRC within 180 days of the last act of discrimination or harassment, you can file a claim with the EEOC within 300 days of the last act of discrimination or harassment.

There are two ways you can enforce your rights under the USERRA. One is filing a Complaint with the US Dept. of Labor, Veterans Training and Employment and Training Services (VETS). They are authorized to investigate and resolve complaints for such violations. You may also bypass the VETS process and bring a civil action claim against an employer for violation of the law. If you have any questions concerning your rights under the USERRA, contact us for a free case evaluation with one of our experienced Philadelphia employment law attorneys.