Many employees know that workplace discrimination is illegal. While everyone enjoys working in an agreeable environment, not every unpleasant workplace experience is unlawful.
It’s essential to know what actually qualifies as discrimination under the law so you can recognize when your rights may be at risk.
What are protected characteristics?
The Pennsylvania Human Relations Act (PHRA) prohibits employers from discriminating against employees or applicants based on protected characteristics, including:
- Race
- Religion
- Age (40 and over)
- Sex
- Disability
Workplace discrimination is when an employer treats an employee or job applicant unfavorably because of one of these protected characteristics. Discrimination claims can arise in various areas, such as hiring, promotions, discipline and termination.
Discrimination can appear in many ways, including:
- Being passed over for promotions in favor of less-qualified co-workers
- Being paid less than others for doing the same job
- Being disciplined more harshly than co-workers for similar conduct
- Being fired shortly after disclosing a pregnancy or disability
Discrimination doesn’t need to be a single dramatic event. It can also be a pattern of unequal treatment.
Recognizing harassment and retaliation
Harassment can also be considered unlawful discrimination when it’s based on a protected characteristic and creates a hostile work environment. This includes:
- Offensive comments
- Slurs or insults
- Repeated comments about appearance, age or disability
- Unwanted physical contact
Retaliation is also illegal. An employer can’t punish an employee for reporting discrimination, filing a complaint or participating in an investigation. Retaliation takes many forms, including demotion, reduced hours, schedule changes or termination.
If you believe you are experiencing workplace discrimination, you should document the incidents, the dates and the witnesses. Review your company’s grievance process and report your concerns to the Human Resources department, if it’s appropriate.
You may also want to speak with a legal professional. Understanding what is legally considered discrimination may be complicated and each situation is unique. They can help you determine if what you’re experiencing is unlawful and what steps you should take.
