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workplace discrimination Archives

How employees can use federal law to pursue employment claims

When an employee pursues a race discrimination case, it may be done pursuant to Title VII or Section 1981. The two statutes have many similarities, and facts in a case can be pursued under both laws at the same time. However, Pennsylvania residents should understand that the Supreme Court has ruled that these are distinct and separate causes of action. Depending on the facts of a case, this may help or hurt a worker's claim.

Physician moms and Pennsylvania workplace discrimination

According to a survey conducted by researchers at the University of California, San Francisco, close to 80 percent of physicians who are also mothers are victims of workplace discrimination. Nearly 6,000 women responded to the survey, which posed questions about the respondents' physical, mental and reproductive health as well as questions about their experiences with discrimination or burnout at their places of work.

OSHA campaign to benefit Pennsylvania companies and employees

In order to help employers best protect their workers, OSHA has launched the Safe and Sound Campaign. It urges business owners to evaluate their health and safety programs in an effort to eliminate workplace dangers and other hazards that can lead to occupational injuries and fatalities.

An overview of pregnancy discrimination

It may be difficult for pregnant workers in Pennsylvania and elsewhere to know if their workplace rights are being violated. Considering the current nationwide debate over reproductive rights, the issue of discrimination could be even more confusing for some. In fact, a bill in South Dakota intended to mandate reasonable accommodations for pregnant employees was recently voted down.

Most frequent employment discrimination charges

The U.S. Equal Employment Opportunity Commission states that it resolved 97,443 employment discrimination charges in its 2016 fiscal year. The agency also collected over $482 million for discrimination victims who worked in the private sector or in local, state or federal government workplaces in Pennsylvania and the rest of the country.

Interpretation of the ADEA by courts is inconsistent

The federal Age Discrimination in Employment Act protects workers who are 40 years of age or older against discrimination based on their age, but courts have been inconsistent in how the law should be applied when older workers have been disproportionately affected by employer decisions. In early January 2017, the U.S. Court of Appeals for the 3rd Circuit ruled in favor of a group of workers at a Pennsylvania company who were all over 50 years of age, but several other federal appeals courts have sided with employers in similar cases.

EEOC publishing new enforcement guidance

Pennsylvania employees are subjected to workplace harassment for many different reasons. If they are harassed at work for being a member of a protected category, they could have a cause of action against their employer for unlawful discrimination. The Equal Employment Opportunity Commission publishes enforcement guidance to help educate employers about what behavior constitutes illegal harassment and discrimination.

Court says heterosexual discrimination claim has merit

Workplace discrimination in Pennsylvania often happens to people in minority or historically disadvantaged groups. There are also valid claims of workplace discrimination by people in majority groups. On Dec. 15, 2016, a court in California found that there was enough evidence for a reverse sexual orientation discrimination claim to proceed to trial.

Reasonable accommodation for disabled employees at work

Pennsylvania workers may know that it is illegal to discriminate against an employee if that individual is disabled. However, knowing what the employer's legal responsibility is and what rights a disabled employee has is important, so a worker may ensure that his or her rights are not violated.

Employers ignore religious accommodation laws at their peril

Pennsylvania employers may avoid costly litigation by being aware of their employees' legal rights as it relates to adhering to religious beliefs. A South Carolina company was taken to court by the Equal Employment Opportunity Commission because it refused to hire through a temporary employment agency a Pentecostal women who refused to wear pants. She asked to be allowed to wear skirts because her religious beliefs required her to.