How Do You Prove Race Discrimination in Pennsylvania?

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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).

HERE ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:

What is an ILLEGAL Hostile Work Environment? Workplace Bullying Alone is Not Illegal in Pennsylvania

#MeToo - The Rules and Deadlines for Sexual Harassment Claims in Pennsylvania - A List of Most Famous Sexual Predators

Why is it Important to File an EEOC Charge? How to File Discrimination Claims in Pennsylvania? Time Limits to File Discrimination, Hostile Work Environment and Retaliation Charges in Pennsylvania

Employee Complaints and Retaliation - What is Legal and What is Illegal

What Are the Differences Between the Anti-Discrimination in Employment Laws Title VII and the Pennsylvania Human Relations Act?

How Do Federal, State and Local Anti-Discrimination Laws Work Together to Protect Pennsylvania Workers?

Does My Pennsylvania City, County, Township or Borough Have Any Discrimination Laws Protecting Employees?

FILING A CHARGE OF DISCRIMINATION IN PENNSYLVANIA - A FEW TIPS FROM CONTINGENT FEE LAWYERS

The Philadelphia Fair Practices Ordinance Makes it Illegal to Engage in Workplace Discrimination Because of Race, Sexual Identity, Sexual Preference, Status as Domestic Abuse Victim, Marital or Familial Status, Ethnicity or Ancestry

Employed "At Will":  What Does That Mean? Pennsylvania Contingent Fee Lawyers Explain the Most Important Employment Law Principle

United States Employment and Discrimination Laws - An Overview by Pennsylvania Employment Lawyer

Do I Have a Case for Constructive Discharge? Nearly 50% of People Who Are Unemployed Quit Their Job - Pennsylvania Contingent Fee Employment Lawyers

Are Settlements in Discrimination Cases Subject to Taxes? Pennsylvania Contingent Fee Discrimination Lawyers

Is Your Boss a Bad Person - or Just a Bad Boss? Is Bullying at Work Illegal? Pennsylvania Contingent Fee Employment Lawyers Explain

Horrible Bosses: Telling Employee to Forget About Her Daughter "Because She's Dead" Not Evidence of a Hostile Work Environment

Should I Hire a Lawyer for My Unemployment Appeal Hearing in Pennsylvania?

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.

Thanks for checking in with us.

How to Prove Illegal Discrimination Under Federal, State and Municipal Anti-Discrimination Laws Investigated by the EEOC and State Agencies Such as the PHRC

Investigates Charges of Discrimination
Filed Under Title VII

What is Title VII Discrimination?

Title VII, initially known as the Civil Rights Act of 1964, and later amended to encompass statutes such as the Americans With Disabilities Act and the Pregnancy Discrimination Act, makes it illegal to discriminate against employees because of their sex, race, color, pregnancy, religion, national origin or disability.

Title VII has been supplemented by other federal anti-discrimination laws, perhaps the most notable being the Age Discrimination in Employment Act.

Every State in America Has an Anti-Discrimination Law That Protects Women, Older Workers, Minority Workers and Employees With Disabilities From Unlawful Discrimination, Hostile Work Environment, Wrongful Termination, Unjust Discharge, or Illegal Retaliation 

Every state in America has an anti-discrimination statute that is similar to Title VII, as amended. In Pennsylvania, the counterpart to Title VII is the Pennsylvania Human Relations Act ("PHRA"). The classes of protected employees in the PHRA are similar to those in Title VII.

The Pennsylvania Human Rights Commission Investigates
Complaints of Discrimination Under PHRA

Does the Pennsylvania City or County That I Work in Have a Law That Makes it Illegal to for a Company Discriminate or Unlawfully Retaliate Against Employees? 

Many major cities and municipalities throughout the USA have anti-discrimination ordinances that protect employees who work within the town's limits from unlawful discrimination or retaliation.

Click Here for our Post identifying all such county, township, etc. ordinances.

Philadelphia's Fair Practices Ordinance Makes it Illegal to Discriminate Against Employees Because of Their Race, Sex, Sexual Orientation, Gender Identity, Disability, Age, etc. 

Workers in Philadelphia Enjoy More Protection From Discrimination
Than Do Workers Elsewhere in Pennsylvania 

In Philadelphia, the Fair Practices Ordinance provides far broader protection against employment discrimination because, unlike Title VII and PHRA, it makes discrimination based upon sexual orientation and gender identity illegal.

Are You Different?

What is Illegal Discrimination Under the Civil Rights Act of 1964 and Similar State or Municipal Laws?

An illegal act of discrimination prohibited by Title VII is an intentional act by a decision-maker within a company that impairs the employment rights of an individual. Such acts, frequently in the form of demotion, lack of promotion, suspension, discharge, etc., are referred to as "adverse employment actions."  Such adverse employment actions are illegal IF they are undertaken because of the employee's age, race, sex, pregnancy, national origin, religion, disability or other protected characteristics.

For simplicity's sake, we will in this Post use the word "termination" as a catch all for all "adverse employment actions."

"Pretext" the Key to Proving Discrimination Under Title VII and Similar Employment Laws

One proves illegal discrimination by proving that the employer's STATED REASON for the termination was a LIE, and that the employer KNEW IT WAS A LIE.

In other words, you must prove that the employer made up the reason for the termination.  This is known as a "pretextual termination."

It is not enough to prove that the employer's reason for adverse employment action was wrong - that will not prove pretext.  It is relatively easy in many cases to cast great doubt on the facts the employer relies upon to provide the basis for the termination. No, in order to prove pretext, one must prove that the reason provided by the employer for the adverse employment action was either a lie or the product of an intentional decision to accept as truth a set of facts that the employer had reason to believe were untrue.

Courts know that humans make mistakes, and that sometimes companies give false reasons for a termination for a variety of reasons (i.e. didn't want to hurt the employee's feelings, were looking for any reason at all to get rid of the employee because they simply did not get along with or were not liked by their boss, were misled by another employee who claimed that the fired employee did something that he/she actually did not do, simply misperceived the employee's performance and quality of work, etc.).  That is why the standard for proving discrimination cases is so hard to satisfy.

If merely proving that an employee was fired for a bad or incorrect reason was enough to prove a discrimination claim, well, the courts would be overflowing and virtually shut down by cases (this type issue is usually dealt with at unemployment hearings - in any given large city, there are 100+ unemployment hearings every day!).

Proof that the Employer's Stated Reason for Termination Was WRONG is NOT Enough-
You Must Prove Employer LIED

Example of Pretext:  Employer states that it decided to fire Joe Employee, age 67, after his manager, John Smith, reported that Joe had been late on 3 occasions in January.

John Smith later testifies that, although Joe had been late on 3 occasions in January, he never reported that to any of his superiors, that the decision to fire Joe was made by his boss, Sally, and that he was never consulted by Sally before Joe was fired.

Sally had been hired by Employer 3 months before Joe was fired, and had been heard saying that the Employer "needed to get rid of all of the old guys."

That is a potential winner of an age case. Employer's stated reason for firing Joe was a lie, and the decision-maker behind the firing, Sally, had made an ageist statement not long before the termination.

Example of NO Pretext: Employer states that Manager John Smith fired Joe Employee, age 67, for being late on 3 occasions in January.

John Smith later testifies that Joe had been late on 3 occasions in January, that he reported that to his boss, Sally, that he recommended that Joe be fired and that he and Sally made the decision to fire Joe.

Joe proves that he was not late on 3 occasions in January, and that John Smith knew that or should have known that.

After looking over all of the evidence, John Smith admits he was wrong, and that Joe indeed had not been late 3 times in January. HOWEVER, John Smith states that he honestly believed Joe had been late 3 times when he recommended that Joe be fired.

Sally had been heard saying that the Employer "needed to get rid of all of the old guys."  However, she testifies that she believed John Smith when he told her that Joe had been late 3 times in January, and was following company policy, which mandated termination of employee late 3 times in a single month, when she agreed with Smith's recommendation to fire Joe.

That is a NOT a winnable age case, because there is no evidence of pretext.

John Smith may have been wrong, but he he did not make up the reason that Joe had been fired. Sally did make an ageist comment, but her rationale for firing Joe was based upon her reasonable reliance upon a statement by John Smith that Joe had engaged in misconduct that warranted termination under Employer's policy.

The Difference Between a Wrongful Termination and a Good Discrimination Claim

When Joe calls me a week after he was fired, he assures me that he was not late 3 times in January, and that he wanted to sue the Employer for "wrongful termination."

Under either of the above-scenarios, Joe was "wrongfully terminated," because  he did not engage in the acts that Employer said caused his termination.  Consequently, Joe should win unemployment benefits in each of the above scenarios.

However, in the second scenario, that is all that he will receive.  That is so because, although he was "wrongfully terminated," there is no evidence of "pretext," and thus no evidence to support a claim of illegal discrimination.

Postscript:  During discovery in the second scenario case, there is evidence that strongly suggests that John Smith really "had it in" for Joe because he did not like Joe's "know it all" attitude, and that he probably really did not "honestly believe" Joe had been late 3 times in January.  However, since it is legal to lie about why someone is being fired, and it is legal to fire someone because of a perceived bad attitude, there is no possible discrimination claim.


If They Fired you BECAUSE of This, You May Have a Good Claim

In order to prove you were fired for an illegal discriminatory reason, you must in essence prove that the employer first made the decision to fire you because of your [age, sex, race, etc.], and then later came up with a reason to fire you that was in essence designed to hide its true motivation.

How Do You Prove That an Employer's Reason for Firing You Was Pretextual?

How do you prove that the calculated decision to fire you was due to your age, race, sex, etc.?  Not that easy!  However, here are 3 common indicators that employee-side lawyers look for:

1) ratios within the workplace that demonstrate a preference for a class of employees that is different from that of the complainant (i.e. most managers are men, white, etc.);

2) comments suggesting prejudices made within the workplace (i.e. "when do you plan on retiring?', "this is not a job for a woman!"); or,

3) "comparators," i.e. people occupying a similar job to that of the terminated employee who are of a different race, sex, etc.  More specifically, we look for comparators who "got away with" conduct similar to that which resulted in the claimant's termination, despite the fact that management knew what they had done.  Here is an example: Woman age 30 on Internet everyday, and management knows about it and does not discipline her.  Woman age 58 "caught" on Internet one time, and is immediately fired.

NOTE:  This post does not address the principle of constructive discharge.  In general, a constructive discharge (i.e. an involuntary quit) takes place where an employer's actions are such that no reasonable person would remain employed.  If a constructive discharge is proven, then it is treated the same as a termination.

HERE ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:

What is an ILLEGAL Hostile Work Environment? Workplace Bullying Alone is Not Illegal in Pennsylvania

#MeToo - The Rules and Deadlines for Sexual Harassment Claims in Pennsylvania - A List of Most Famous Sexual Predators

Why is it Important to File an EEOC Charge? How to File Discrimination Claims in Pennsylvania? Time Limits to File Discrimination, Hostile Work Environment and Retaliation Charges in Pennsylvania

Employee Complaints and Retaliation - What is Legal and What is Illegal

What Are the Differences Between the Anti-Discrimination in Employment Laws Title VII and the Pennsylvania Human Relations Act?

How Do Federal, State and Local Anti-Discrimination Laws Work Together to Protect Pennsylvania Workers?

Does My Pennsylvania City, County, Township or Borough Have Any Discrimination Laws Protecting Employees?

FILING A CHARGE OF DISCRIMINATION IN PENNSYLVANIA - A FEW TIPS FROM CONTINGENT FEE LAWYERS

The Philadelphia Fair Practices Ordinance Makes it Illegal to Engage in Workplace Discrimination Because of Sexual Identity, Sexual Preference, Status as Domestic Abuse Victim, Marital or Familial Status, Ethnicity or Ancestry

Employed "At Will":  What Does That Mean? Pennsylvania Contingent Fee Lawyers Explain the Most Important Employment Law Principle

United States Employment and Discrimination Laws - An Overview by Pennsylvania Employment Lawyer

Do I Have a Case for Constructive Discharge? Nearly 50% of People Who Are Unemployed Quit Their Job - Pennsylvania Contingent Fee Employment Lawyers

Are Settlements in Discrimination Cases Subject to Taxes? Pennsylvania Contingent Fee Discrimination Lawyers

Is Your Boss a Bad Person - or Just a Bad Boss? Is Bullying at Work Illegal? Pennsylvania Contingent Fee Employment Lawyers Explain

UPDATE on Recent and Pending Discrimination Matters Pertaining to LGBT-Rights from SCOTUS and EEOC

Pennsylvania Human Relations Commission (PHRC) Mediation Program Designed to Resolve and Settle Employee Discrimination Complaints

Macy v. Holder - EEOC Finds LGBT Discrimination Violates Title VII -  Landmark EEOC Decision on Discrimination Based Upon Gender Identity, Change of Sex, and/or Transgender Status

Ranking the Most Common EEOC Discrimination Claims in 2011

The 38 United States That Ban Same Sex Marriage - Gay Marriage Illegal In These States - 9 States Allow Gay Marriage

Horrible Bosses: Telling Employee to Forget About Her Daughter "Because She's Dead" Not Evidence of a Hostile Work Environment

Should I Hire a Lawyer for My Unemployment Appeal Hearing in Pennsylvania? 

Pennsylvania Family Leave and Disability Attorneys - Philadelphia Area Contingent Fee                 Employment Lawyers - Discrimination Law Firms for Employees in Chester County,                            Delaware County, Bucks County, Philadelphia County and Montgomery County

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, Rose Valley, Upper Darby, North Wales, Conshohocken, Glenside, Montgomeryville, Hatboro, Harleysville, Souderton, Audubon, Jenkintown, Gilbertsville, Chesterbrook, Thorndale, Downingtown, Lionville, Collegeville, Phoenixville, Northeast Philadelphia, Oaks, Royersford, Springfield, Lower Providence, Malvern, Wayne, King of Prussia, Downingtown, Upper Gwynedd, Pennsburg, Schwenksville, Glenside, Doylestown, Radnor, Berwyn, Bryn Mawr, Wayne, Newtown Square, Exton, Center City Philadelphia, Swarthmore, Sharon Hill, Chadds Ford, West Chester, Skippack, Langhorne, Haverford, Newtown Square, Nether Providence, Broomall, Drexel Hill, Reading, Mount Penn, Stowe 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.

Thanks for checking in with us.

I am an Employee Being Subjected to Age Discrimination in Pennsylvania - Do I Have a Case? Pennsylvania Contingent Fee Age Discrimination Lawyers

CALL TODAY AND WE WILL DISCUSS YOUR MATTER AT NO CHARGE TO YOU

610-647-5027

I Believe I am the Victim of Age Discrimination - How Can I Tell if I Have a Good Case?

Baby Boomers (born 1945 to 1964) now range from age 54 to age 73, and there are a lot of them out there.

Perhaps not coincidentally, if EEOC's statistics are taken at face value, age discrimination is a more common occurrence in corporate America now than ever before.

For example, EEOC Charge of Discrimination statistics disclose that, in 1997, there were 15,785 Age Discrimination Charges filed with EEOC.  

In 2010, that number was 23,264, which equated to 23% of all Charges filed with EEOC.

Despite the the evidence suggesting age discrimination is in vogue more now then ever before, the fact is that proving age discrimination has occurred is not easy. In fact, it is very difficult given the level of proof required.

Age of Reckoning for Baby Boomers?

To win an age discrimination case, an employee must prove that he/she is over 40 and was fired because of his/her age. Sounds simple, right?  Well, if you will excuse the pun, that is not the case.

To Prove Illegal Age Discrimination, An Employee Must Prove That His/Her Age Was THE Motivating Factor for the Termination

In order to understand why proving an age discrimination case is hard, let's start by looking at the term "because of age."

Gross an Unfortunate Decision

In its 2008 decision in Gross v. FBI, the United States Supreme Court held (regrettably) decided that an employee can win an age discrimination case only if he/she can prove that it was his/her age, to the near exclusion of all other factors, that was "the motivating factor" for the termination.

Employers know this, and usually provide a laundry list of reasons for an older worker's termination, which will at trial be offered as evidence of a non-discriminatory basis for the firing.

Winning an Age Case No Easy Chore

Bearing in mind that may people over 40 are fired everyday in America (and often by people who are themselves over 40), allow me to provide an example of the "ideal" age discrimination case.

180 Days for State Law Claims

300 Days for Federal Claims

How Long Do I Have to Make a Claim for Discrimination?

For claims based on Pennsylvania state law (which applies to companies with 4 or more employees), 180 days from earliest act of discrimination (usually adverse employment action such as being passed over for a promotion, demotion, suspension, termination.

For claims based upon federal law (which applies to companies with 15 or more employees), you have 300 days from such first act. See the Filing a Charge or Why is it Important links, below.

HERE ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:

What is an ILLEGAL Hostile Work Environment? Workplace Bullying Alone is Not Illegal in Pennsylvania

#MeToo - The Rules and Deadlines for Sexual Harassment Claims in Pennsylvania - A List of Most Famous Sexual Predators

What is an ILLEGAL Hostile Work Environment? Workplace Bullying Alone is Not Illegal in Pennsylvania

#MeToo - The Rules and Deadlines for Sexual Harassment Claims in Pennsylvania - A List of Most Famous Sexual Predators

Why is it Important to File an EEOC Charge? How to File Discrimination Claims in Pennsylvania? Time Limits to File Discrimination, Hostile Work Environment and Retaliation Charges in Pennsylvania

Employee Complaints and Retaliation - What is Legal and What is Illegal

How Do Federal, State and Local Anti-Discrimination Laws Work Together to Protect Pennsylvania Workers?

Does My Pennsylvania City, County, Township or Borough Have Any Discrimination Laws Protecting Employees?

FILING A CHARGE OF DISCRIMINATION IN PENNSYLVANIA - A FEW TIPS FROM CONTINGENT FEE LAWYERS

The Philadelphia Fair Practices Ordinance Makes it Illegal to Engage in Workplace Discrimination Because of Sexual Identity, Sexual Preference, Status as Domestic Abuse Victim, Marital or Familial Status, Ethnicity or Ancestry

Employed "At Will":  What Does That Mean? Pennsylvania Contingent Fee Lawyers Explain the Most Important Employment Law Principle

United States Employment and Discrimination Laws - An Overview by Pennsylvania Employment Lawyer

Do I Have a Case for Constructive Discharge? Nearly 50% of People Who Are Unemployed Quit Their Job - Pennsylvania Contingent Fee Employment Lawyers

Voluntary Severance Offers - How to Negotiate and What to Look for When a Company Offers Severance

Secrets to Severance Negotiations in Pennsylvania Revealed:  Philadelphia Employment Lawyers' Guide to Severance Laws and Strategies

The Comparative Tenure, Experience, Salary and Age 

of Your Replacement is of Critical Importance

If You Are Over 40, Were Fired Without Good Cause and Were Replaced by a Person Who is More Than 5 Years Younger Than You, You May Have a Case for Age Discrimination

The employee has worked for the company for more than 10 years.  Within a year of termination, he/she is assigned a new supervisor who is substantially younger than they are; OR, the company comes under new management or ownership.

The employee is (allegedly) fired either because of a layoff or because of a sudden "drop"  in performance that is unsubstantiated.  Sometimes the employee is terminated when he/she "refuses" to retire.  Then, the employee is replaced by someone who is more than 10 years younger. 

Although this is what I refer to as a "clean case," there are many other variables that may come into play.  If you are part of a mass "lay off," and many of those laid off are older than 40, and are subsequently replaced by people under 40, your case has appeal.  If, on the other hand, you are fired because of customer complaints or ongoing issues with management, your case is less than ideal.

Early "voluntary retirement" cases also have potential great appeal.  If you are offered early retirement in lieu of immediate termination, you will not only be eligible for your retirement benefits, but may also have a right to Pennsylvania Unemployment Compensation.  Click Here to read about how that scenario plays out. 

Employment Discrimination Results From a Feeling or Belief That is Covered Up by Bogus Explanations for Discipline or Termination

I believe the most important thing to remember, and the most difficult thing for employees to understand, is what discrimination is and how it is proved.

Proving Pretext (Lies) About Why Employee Was Fired is Crucial

Discrimination is an intentional act, not a "mistake."

It is proved be showing that the reason for termination was bogus, AND THAT THE EMPLOYER KNEW IT WAS BOGUS.

In essence, you must prove that the employer made up the reason for termination.

It is not enough to prove that the employer's reason for termination was wrong.  That is often easy to do, but it is not enough.

Rather, you must prove that the employer first made the decision to fire you because of your age, and then later came up with a reason to fire you that is in essence designed to hide its true motivation.

These principles apply not only to age discrimination claims, but also to all discrimination and retaliation) claims.

NOTE:  Discrimination based upon religion or military service may be demonstrated where: 1) you are punished for observing a religious holiday; 2) you are punished because of a military obligation. 

610-647-5027

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.

Thanks for checking in with us.

Discrimination and Reverse Discrimination Based upon Immigration Status, Citizenship and/or National Origin -- An Overview of the Rights of Undocumented Aliens and American Citizens to Compete for Work

                                Think You May Have a Discrimination Claim?  Call Today for a Free Telephone Consultation

                                                                                  610-647-5027

Questions?  We will spend 5-10 minutes with you discussing your current work situation, your disability/FMLA leave, your non-compete agreement, your wage claim, your unemployment claim or your potential lawsuit at no charge to you.  Call 610-647-5027.  

You may also use our Contact Form to e-Mail us directly!

A Company Refused to Hire Me Because of my Citizenship or Immigration Status – Is That Illegal Under United States Laws Such as the Immigration Reform and Control Act (IRCA)?

The Immigration Reform and Control Act (IRCA) is a federal law enacted in 1986 that protects workers from discrimination based on immigration or citizenship status. IRCA makes it illegal to discriminate on the basis of national origin or citizenship when making decisions relating to the hiring, promotion, demotion, disciplining and/or firing of an individual. 

Truth be Told, We Are All Immigrants

IRCA also makes it illegal for companies to require more exacting work papers than ordinarily sought from applicants/new hires (i.e. papers required for verification of identity, citizenship).

As with all civil rights laws, IRCA prohibits adverse employment actions (i.e. threats, demotion, failure to promote, termination) that are undertaken as retaliation against an individual who asserts his/her rights under the statute. 

For a very detailed analysis of IRCA and some early cases decided thereunder, Click Here to jump to the American Immigration Lawyers Association 1998 – 99 Immigration and Nationality Handbook, authored by Andrew M. Strojny, Esquire.

Should be Enough Proof

My Employer Fired Me Because of my Citizenship or Immigration Status – Is That Illegal Under United States Laws Such as the Civil Rights Act of 1964 (Title VII)?

Under Title VII, discrimination based upon national origin is illegal (as is discrimination based upon race, color, sex or religion). However, if the claim falls most directly under the auspices of Title VII, that statute controls. In this context, one must carefully determine the distinctions between National Origin and Citizenship – for only a single administrative Charge with either OSC or EEOC is permitted.   

NOTE: IRCA may be used only for employers with between 4-14 employees; if the employer has greater than 15 employees, Title VII must be the basis for the Charge. See Yefremov v. N.Y.C. Dept. of Transp.

That said, a filing with OSC is understood to be a constructive simultaneous filing with EEOC and vice versa. Curuta v. U.S. Water Conservation Lab, OCAHO Case No. 92B00142

(9/24/92).

Do Title VII and IRCA Apply to all Companies and Employers? What Is My Deadline for Filing a Charge of Discrimination Under Title VII or IRCA Based Upon Discrimination Because of my National Origin, Citizenship and/or Immigration Status?

Title VII applies to workplaces that have 15 or more employees.

IRCA covers employers with between 4 -14 employees.

So, while Title VII protects employees of larger companies, IRCA attacks employees of very small companies.

You Have 300 Days to File a Charge of
National Origin Discrimination With EEOC

As with any allegation of discrimination governed by Title VII, and individual has 300 days to file a Charge of Discrimination (“Charge”) with the EEOC. So, for example, if you believe that you were laid off from work or rejected from higher due to your citizenship, you have to file a Charge with the EEOC within 300 days of the termination or rejection.

Many state laws also prohibit discrimination based on citizenship. In Pennsylvania, the Pennsylvania Human Relations Act includes such a prohibition. In order to obtain protection under the PHRA, one must file a Charge within 180 days.

One may dual-file with EEOC and PHRC at the same time without necessity for filing two different Charges.

Only Investigate Employers With between 4-14 Employees

Under IRCA, one has 180 days to file a claim with the United States Department of Justice’s Office of Special Counsel for Immigration-related Unfair Employment Practices (“OSC”).

Failure to file a Charge with the appropriate agency within the appropriate timeframe will result in a loss of rights to prosecute a claim of discrimination.

Can I File a Lawsuit Under IRCA? Is There a Private Right of Action Under IRCA?

Once a charge is filed with OSC, it makes a decision as to whether it wants to issue and prosecute a complaint on behalf of all the charging party. If it elects not to do so within the 120 days allotted to it under statute, which is often the case, the individual then has a right to file a lawsuit directly with the federal district court sitting in the appropriate jurisdiction (and must do so within 90 days of being informed of OSC’s decision not to prosecute). Hence, the IRCA administrative process is similar to that employed under title VII, although OSC has jurisdiction over the charge as opposed to EEOC.

My Company Laid Me Off and Kept Undocumented Illegal Workers – Is That Illegal Discrimination? What is Reverse Discrimination?

When IRCA was originally enacted, there was significant concern that the law would result in favoritism of aliens over United States citizens. Obviously, this type of concern has only grown over the years and is at times reached a fever pitch.

Prosecuting a claim that one has been discriminated against because of one citizenship, which often takes the form of allegations that undocumented workers were retained while American citizens were laid off, is known as a claim of “reverse discrimination.” In essence,  reverse discrimination occurs when a law designed to protect a minority is utilized in such a way as to favor the minority to the detriment of the majority.

There can be little doubt that a claim of reverse discrimination will lie under IRCA or Title VII. That said, proving discrimination, reverse or otherwise, is always challenging.  

Click Here if you Have Questions About Whether You Are Being Paid Properly When Working on an HB-1 Visa? 

Philadelphia Discrimination, Harassment and Retaliation Attorneys Helping Employees Collect Wages, Compensation, Bonuses and Severance on a Contingent Fee Basis Attorney Representing Employees

We are experienced employment lawyers that represent represent workers who need an employment lawyer throughout Southeastern Pennsylvania, including those working in Philadelphia County, Delaware County, Montgomery County, Bucks County, Chester County, Berks County and Lancaster County.

Pennsylvania Sexual Harassment and Hostile Work Environment Lawyer Provides Free Telephone Consultations and Contingent Fee Representation

If you are owed money by your employer, are looking for a contingent fee lawyer who is experienced in suing employers who engage in or permit discrimination, retaliation, sexual harassment or hostile work environments, and live or work in Lower Pottsgrove, Lower Providence, Lower Salford, Malvern, Marcus Hook, Marlborough, Media, Merion, Merion Station, Methacton, Middletown, Montgomeryville, Morgantown,  Morton, Nether Providence, New Hope, Newtown, Newtown Square, Norristown, Northampton, North Wales, Norwood,  Nottingham, Oakmont, Oaks, Oxford, Paoli,Parkesburg, Pennsbury, Perkasie, Perkiomenville, Phoenixville, Plymouth, Plymouth Meeting, Plymouth Whitemarsh, Pocopson,  Pottstown, Prospect Park, Quakertown, Reading, Red Hill, Ridley Park, Roxbury, Royersford, Salford, Schnecksville, Schuylkill, Selinsgrove, Sellersville, Sharon Hill, Skippack, Souderton, Southampton, Southeastern, Spring City, Spring House, Springfield, Sumneytown, Susquehanna, Swarthmore, Tamaqua, Tannersville,Telford and their surrounding areas, consider calling us at 610-647-5027.

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