Workplace discrimination can be difficult to recognize, especially when it’s subtle. You might question whether it’s really discrimination or if you’re just sensitive.

In Pennsylvania, both federal and state laws prohibit discrimination in employment. Knowing what counts as unlawful discrimination is the first step toward protecting your rights.

What Is Workplace Discrimination?

Discrimination happens when an employer treats someone less favorably because of a protected characteristic. In Pennsylvania, the Pennsylvania Human Relations Act (PHRA) is the primary workplace discrimination law. Protected characteristics under state law include:

  • Race
  • Color
  • Sex and gender identity
  • Sexual orientation
  • National origin
  • Religion
  • Age (40 and older)
  • Disability
  • Use of a guide or support animal

Federal laws like Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) provide additional protection.

Common Types of Discrimination

Discrimination isn’t always obvious. Employers rarely use outright slurs or tell you they’re refusing to hire you because of a protected characteristic. Discrimination is often part of their patterns of behavior. It can also include subtly unequal treatment and decisions that appear neutral on the surface but disproportionately affect certain groups. For example:

  • Hiring and firing practices : Refusing to hire someone based on race, religion, or another protected trait is illegal. The same goes for firing a worker without a legitimate reason (if the decision is tied to a protected characteristic).
  • Promotions and compensation : Overlooking qualified workers for promotions or paying them less based on gender, age, or another protected factor may demonstrate discrimination.
  • Workplace harassment : Harassment is illegal when it creates a hostile work environment or when enduring it is a condition of your continued employment. This can include offensive jokes, slurs, intimidation, or physical threats tied to protected characteristics.
  • Retaliation : It’s unlawful for an employer to retaliate against you for complaining about discrimination. They can’t take action if you participate in an investigation or file a claim, either. Retaliation could involve sudden disciplinary action, being excluded from meetings, or changing your job responsibilities.

How to Recognize Workplace Discrimination

Sometimes, it’s clear when you’ve been discriminated against. In many cases, however, you must look closely at patterns over time. Signs of potential discrimination include:

  • You’re consistently passed over for promotions while less-qualified coworkers advance.
  • Coworkers make derogatory comments about your religion, race, or disability—and the management doesn’t intervene.
  • You receive harsher discipline than others who committed the same violations.
  • You were treated differently after disclosing a pregnancy, illness, or disability.
  • Management ignores your requests for reasonable accommodations.
  • You’re suddenly demoted, relocated, or excluded from key meetings after reporting misconduct.

Documenting these patterns is essential. Keep copies of emails, performance reviews, written complaints, and any responses from supervisors or HR.

What to Do If You Suspect Discrimination

If you think you’ve been discriminated against at work, here’s what to do:

  1. Write down what happened : Record dates, times, names, and a description of each incident. The more specific your notes, the more useful they will be.
  2. Review company policies : Many employers have anti-discrimination policies or procedures for reporting harassment.
  3. Make a report : Notify a supervisor or human resources in writing. Keep a copy of your report.

  4. File a complaint : You can file a discrimination complaint with either the Pennsylvania Human Relations Commission (PHRC) or the federal Equal Employment Opportunity Commission (EEOC). In most cases, filing with one agency will automatically notify the other.

  5. Talk with an employment attorney : A lawyer can help you determine whether you have a strong claim. If you decide to take action, they will help you gather evidence and represent you in negotiations or court proceedings.

Fight Back Against Workplace Discrimination with Ramage Lykos, LLC

If you believe you’ve been treated unfairly based on a protected characteristic, don’t wait to act. Ramage Lykos, LLC, can help you pursue fair treatment under the law. Contact us today to get started.