Federal, state and local laws in Pennsylvania, including the Philadelphia area, and in New Jersey, prohibit negative employment decisions based on several factors.
If an employer makes decisions about hiring, termination or promotion, or creates a hostile work environment, based on one of the factors listed in the law, including but not limited to, sex, race, religion, national origin, color, disability or age, the employee or potential employee may have a claim for monetary damages or for injunctive relief.
Characteristics Protected Under Anti-Discrimination Laws
Federal laws like the Civil Rights Act of 1964, state laws like the Pennsylvania Human Relations Act and the New Jersey Law Against Discrimination, and local laws like the Philadelphia Fair Practices Ordinance all ban discrimination in employment decisions on a variety of characteristics.
Some of the factors for which discrimination is prohibited that are included in federal, state and local law are:
Title VII of the Civil Rights Acts makes it illegal to discriminate against a person on the basis of that person’s sex or gender. Additionally, it is illegal, under the Equal Pay Act of 1963, to have wage disparities between male and female workers whose work is substantially similar and have similar responsibilities. Sexual harassment is also illegal. Both women and men can be victims of sexual harassment.
An employer may not discriminate against an expecting mother in decisions about hiring, layoffs or promotions. If an employee is entitled to maternity or paternity leave, the employer may not retaliate for requesting or taking the maternity or paternity leave.
Race, Color and National Origin
It is illegal to discriminate based on race, color or national origin. This may include anything about an employee or potential employee’s ethnic background.
An employer may not discriminate against an employee or potential employee on the basis of that person’s religion, creed or faith, or lack of any.
State, local and federal laws, including the Americans with Disabilities Act, prohibit an employer from discriminating against a qualified person based on a disability. The disability can be real or perceived and may be physical or mental. The employer must make reasonable accommodations for an employee with a disability.
The Age Discrimination in Employment Act, in addition to state and local laws, prohibit making employment decisions based on an employee or potential employee’s age if that person is 40 or older. In cases involving intentional age discrimination, liquidated damages may be available.
Sexual Orientation and/or Gender Identity
State law in New Jersey and local laws in certain Pennsylvania jurisdictions, including Philadelphia, ban discrimination against the gay, lesbian, bisexual and transgender community.
Console Mattiacci Law, LLC ǀ Philadelphia Attorneys for Your Discrimination Case
You can be represented by dedicated, experienced attorneys from Console Mattiacci Law, LLC. We represent clients who have been the victims of illegal discrimination under federal, state, and local laws in Philadelphia and throughout Pennsylvania, New Jersey, and New York. Some discrimination claims have a deadline of 180 days to take action. Call us today at 215-545-7676 to set up a consultation.