How Do You Prove Race Discrimination in Pennsylvania?

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610-647-5027

Philadelphia Employment Attorneys Serving Chester County, Montgomery County, Delaware

County, Bucks County and Center City Philadelphia

Race discrimination is, unfortunately, still a fact of life in corporate America.  Proving race discrimination, however, is very difficult. In general, the things needed to establish a basis for an race discrimination case are as follows: The employee is non-caucasian and was fired because of his/her race. That sounds simple enough, but a lot of non-caucasians are terminated for reasons other than discrimination because of race. So what do employment lawyers look for in selecting race discrimination cases? Since we often handle race claims on a contingent fee basis (no attorney fees are owed unless you win), race discrimination attorneys are very careful in choosing cases to pursue. Below are some hallmarks of the "ideal" race discrimination case.

Race Discrimination is Common-

But Often Difficult to Prove 

We Are Experienced Discrimination Attorneys Who Have Litigated Race Discrimination Cases on a Contingent Fee Basis Throughout Pennsylvania in State and Federal Courts

Since it is hard to prove that the same person that hired you and later fired you is a racist (why would they hire you if they were a racist, the thinking goes), we typically look for a change in supervisor/manager within the last months leading up to termination.  Such a change is often, in good cases, accompanied by a sudden change in the way the employee is perceived (e.g. an employee with a good work history suddenly receives a poor performance review, is put on a performance improvement plan, is subject to bogus discipline, etc.) Another key piece of evidence is disparate treatment - that is, two employees in similar jobs who differ only because of their race are treated differently under similar job-related circumstances.  Sometimes, particularly with persons on Middle-Eastern descent (but less likely for Hispanics, African Americans and Asians), comments clearly indicating racial stereotyping will be made in the workplace.  We also look for a disparity within management between caucasians and non-caucasians (i.e. while the workforce is largely non-caucasian, management is almost all caucasian).

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The most difficult aspect of proving discrimination is proving that it arose from intentional acts designed to disenfranchise the employee.  Merely proving that the employer's stated reasons for discipline, demotion and/or termination were wrong is not enough.  You need to prove that the employer knew the stated reasons were wrong.  Since this is so difficult, the strongest discrimination cases usually contain an element of retaliation.  That is why we tell our clients to complain to management if they feel they are being treated in a discriminatory fashion.  It is much easier to prove one was fired because he/she complained to management about discriminatory treatment than to prove that he/she was fired because of the the color of their skin, or their their accent or their religion.

Philadelphia Are Employment Attorneys Representing Employees

We are employment lawyers who represents employees in Pennsylvania. 

We typically represent employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Employment Attorneys Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live in Ardmore, Ambler, Cheltenham, Ft. Washington, Lansdale, Blue Bell, Germantown, Chalfont, Plymouth Meeting, Pottstown, Willow Grove, Horsham, North Wales, Conshohocken, Montgomeryville, Hatboro, Harleysville, Souderton, Jenkintown, Trooper, Quakertown, Pottsgrove, Downingtown, Lionville, Collegeville, Phoenixville, Northeast Philadelphia, Oaks, Royersford, Springfield, Lower Providence, Malvern, Wayne, King of Prussia, Downingtown, Upper Gwynedd, Glenside, Doylestown, Radnor, Berwyn, Stowe, Bryn Mawr, Wayne, Newtown Square, Exton, Dresher, Aston, Brookhaven, Center City Philadelphia, West Chester, Lima, Oxford, Kennett Square, Skippack, Langhorne, Haverford, Newtown Square, Broomall, Drexel Hill, Reading, Eagle or any of their surrounding towns, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.

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