PRE-LITIGATION
Counsel and Representation for Complaints Brought Internally to Management and/or Human Resources
We provide representation for the types of cases listed below that are in pre-litigation status (an individual is considering making or has made an internal complaint to Human Resources or Management but has not yet filed a formal agency complaint or suit in court). At this stage, it may be possible to negotiate with an employer to correct the conduct at issue or to develop and execute an exit strategy.
LITIGATION
Representation in Formal Agency and Court Proceedings
If a matter cannot be resolved with Human Resources or Managagement or if an employee already has separated from employment, we provide representation for the types of cases listed below in proceedings before the EEOC or state or local equal employment opportunity agencies and in federal and state court.
Discrimination, Harassment, and Retaliation
Race, Color, National Origin
Federal law prohibits discrimination in employment against job applicants and employees based on one's actual or perceived race, color, and national origin. Race includes but is not limited to African American, Alaskan Native, Asian, Black, Caucasian, Indigenous (including but not limited to individuals of Hispanic or Latino ethnicity), Middle Eastern, Native American, Native Hawaiian, North African, and Pacific Islander. This includes physical traits associated with race, including but not limited to skin color, complexion, shade, and tone, hair texture, hairstyles, eye color, and facial features. National origin includes one's birthplace or the birthplace of one's ancestors, nationality, culture, ethnicity, linguistic characteristics associated with a specific ethnic group, surnames common to a particular culture, citizenship, immigration status, or affiliation with a particular organization or group that is associated with a particular race, color, or national origin. Employers may not discriminate on these bases (i.e. may not make employment decisions based on assumptions or stereotypes about the abilities of individuals of a particular race, color, or national origin). Employers may not harass on these bases (e.g. make remarks, use slurs or nicknames, display symbols of racism in the workplace). Employers may not retaliate against an applicant or employee who in good faith engages in protected activity around the exercise of these rights. Pennsylvania, certain localities within Pennsylvania including Philadelphia, and The District of Columbia also provide protections under their laws.
Sex, Gender, Family Status/Responsibilities
Federal law prohibits discrimination in employment against job applicants and employees based on sex or gender. Discrimination includes but is not limited to unfavorable differential treatment with respect to hiring, assignments, training, promotions, compensation and benefits, mommy-tracking or steering or maternal wall bias, and/or layoffs and firing. Harassment includes but is not limited to physical or verbal harassment based on sex, sexual orientation, gender, or gender identity; sexism; sexist remarks; stereotyping; general hostility directed at persons of a particular sex or gender; unwelcome sexual advances; and/or requests for sexual favors, We are working to help expand protections for victims of sex-based and gender-based bullying in the workplace. Employers may not disriminate based on sex or gender in providing compensation or benefits. Employers may not discriminate against or harass applicants or employees on the basis of pregnancy, the perception of pregnancy, the potential to become pregnant, childbirth, or medical conditions related to pregnancy or childbirth. Reasonable accommodations may be required for an applicant's or employee's known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. Lactating mothers must be accommodated to express milk. Employers may not treat employees differently because of stereotypes about working parents or preconceptions regarding the abilities of or costs associated with pregnant employees or working parents. In addition to pregnancy, eligible employees are entitled to leave for the adoption by or foster care placement with the employee and to care for an immediate family member with a qualifying medical condition. Employers may not retaliate against an applicant or employee who in good faith engages in protected activity around the exercise of these rights. Pennsylvania, certain localities in Pennsylvania including Philadelphia, and The District of Columbia also provide protections under their laws.
Disability and/or Request for and Use of Protected Leave
Federal law prohibits discrimination and harassment in employment based on a qualifying individual's disability (a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or the accurate or inaccurate perception that an individual has such an impairment) or relationship to or association with a person with a disability. Qualifying individuals must be given an equal opportunity to benefit from the full-range of employment opportunities available to others. An employer must engage in an interactive process and provide reasonable accommodation(s) for a disability to allow a qualified applicant to have equal opportunity in the application process and to allow a qualified employee to perform the essential functions of the job in question or participate in any other employment-related activity unless doing so would impose an undue hardship on business operations. Federal law provides qualifying employees with up to twelve (12) weeks of unpaid and job-protected leave each year for specified individual and family medical reasons and requires employers to maintain group health benefits for employees during this time. Employers may not retaliate against an applicant or employee who in good faith engages in protected activity around the exercise of these rights. Pennsylvania, certain localities in Pennsylvania including Philadelphia, and The District of Columbia also provide protections under their laws.
Age
Federal law prohibits discrimination in employment against job applicants and employees based on age (40 years and older). Employers may not make employment decisions based on assumptions or stereotypes about age. This includes but is not limited to the replacement of an individual age forty (40) or older with a younger employee or it may occur in the context of a reduction in force or layofffs where there may be a disproportionate impact on older employees. It may occur with respect to providing compensation and benefits or where an employer terminates an older employee to avoid pension or other retirement benefits. An employer may not harass job applicants or employees based on age. This includes but is not limited to ageist remarks, insults, and ostracism. An employer must follow certain rules when seeking a waiver of age claims in connection with an offer of severance packages, early retirement options, or settlement agreements with older workers. Employers may not retaliate against an applicant or employee who in good faith engages in protected activity around the exercise of these rights. Pennsylvania, certain localities in Pennsylvania including Philadelphia, and The District of Columbia also provide protections under their laws.
Religion, Sect, Political Affiliation
Federal law prohibits discrimination in employment against job applicants and employees based on religion (sincerely-held religious, ethical, and/or moral beliefs or practices or the lack of religious belief or practice). Employers may not make employment decisions based on assumptions or stereotypes about religion. An employer may not harass job applicants or employees based on religion. This includes but is not limited to remarks, insults, and ostracism based on religion. Employers must reasonably accommodate sincerely-held religious practices. Employers may not retaliate against an applicant or employee who in good faith engages in protected activity around the exercise of these rights. While federal law does not expressly include "sect" within its list of protected classes, it may come within the broad definition of religion. Federal law does not include "political affiliation" as a protected class, although an increasing number of state and local laws do, including The District of Columbia.
Military Service
Federal law prohibits discrimination in employment based on an applicant's or employee's past, current, or future military obligations. Service members are to be re-employed in their civilian jobs with the same seniority, status, and pay that they would have attained had they not been absent for service. Employers reasonably must accommodate a disability acquired during military service. Employers with federal contracts and subcontracts must recruit, employ, promote, and retain qualified protected veterans. Veterans with service-connected disabilities also may be protected under the Americans with Disabilities Act. Employers may not retaliate against an applicant or employee who in good faith engages in protected activity around the exercise of these rights. Pennsylvania also provides protections under its law.
Genetic Information
Federal law protects job applicants and employees from discrimination in employment based on genetic information ( results of genetic tests, genetic tests of an individual's family members, and any disease/disorder/condition found in the genes). Employers are restricted in their acquisition of genetic information and are strictly limited in disclosing genetic information. Employers may not retaliate against an applicant or employee who in good faith engagees in protected activity around the exercise of these rights. Certain Pennsylvania localities, including Philadelphia, and The District of Columbia also provide protections under their laws.
Workplace Torts, Whistleblowing, Hate Crimes
Workplace torts are state law claims that may arise in the employment context in addition to claims of discrimination, harassment, and retaliation. These may include but are not limited to assault, battery, breach of contract, constructive discharge, defamation, fraud, intentional infliction of emotional distress, interference with contract, libel, negligent hiring, negligent supervision, privacy torts, public policy violations, slander, unfair competition, and wrongful termination. In addition, a number of laws protect employees who have a reasonable belief that a law or regulation is being violated or dangerous activity is being undertaken in the workplace or that an employer is engaging in fraud or is abusing its authority and who report that violation (whistleblowing). Additionally, there are circumstances in which conduct motivated by a protected characteristic may constitute a potential hate crime or rise to the level of another criminal offense. In such cases and if a client so chooses, we will help them report such crimes.