philadelphia workplace Retaliation law firm serving pennsylvania and new jersey
Many employees are afraid to complain about workplace concerns because they fear retaliation. Retaliation occurs when an employer takes an adverse action against an employee because that employee engaged in protected activity. Protected activity is an employee’s good faith complaint of an illegal employment practice, such as a complaint to human resources or the filing of a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) regarding illegal discrimination and/or harassment or the filing of a lawsuit for minimum wage and/or overtime violations. An adverse action is generally something that effects the terms and conditions of an employee’s employment, such as a demotion or termination.
If you believe that you are dealing with retaliation based on a complaint that you made, it is vital to contact an employment attorney who can determine your rights and remedies.
The Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 (Title VII) is a federal law that prohibits retaliation against employees who complain about discrimination and/or harassment based on race, color, religion, sex (including pregnancy), and national origin. Title VII applies to employers who employ 15 or more employees.
Age Discrimination in Employment Act
The Age Discrimination in Employment Act of 1967 (ADEA) is a federal law that prohibits retaliation against employees who complain about age discrimination and/or harassment. The ADEA applies to employers who employ 20 or more employees.
The Americans with Disabilities Act
The Americans with Disabilities Act of 1990 (ADA) is a federal law that prohibits retaliation against employees who complain about disability discrimination and/or harassment. The ADA also prohibits employers from retaliating against employees for requesting a reasonable accommodation of a disability. The ADA applies to employers who employ 15 or more employees.
Fair Labor Standards Act
The Fair Labor Standards Act (“FLSA”) is a federal law that establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting both private and public employees. The FLSA prohibits employers from retaliating against employees who assert their FLSA rights.
Family Medical Leave Act
The Family Medical Leave Act (FMLA) is a federal law that prohibits retaliation against covered employees who request and/or take FMLA leave. The FMLA applies to all public agencies, elementary and secondary schools, and companies with 50 or more employees.
The Pennsylvania Human Relations Act
The Pennsylvania Human Relations Act (PHRA) is a state law that prohibits retaliation against employees who complain about discrimination and/or harassment based on an employee’s race, color, familial status, religious creed, ancestry, age, sex, national origin, handicap or disability, and use of guide or support animals. The PHRA applies to employers who employ 4 or more employees.
New Jersey Law Against Discrimination
The New Jersey Law Against Discrimination (NJLAD) is a state law that prohibits retaliation against employees who complain about discrimination and/or harassment based an employee’s race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), familial status, marital status, domestic partnership or civil union status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for military service, and mental or physical disability, perceived disability, and AIDS and HIV status. The NJLAD applies to employers of any size.
I have been retaliated against. What do I do?
There are strict deadlines for filing retaliation claims that vary by the circumstances of your situation and the state in which you reside. In Pennsylvania, victims of retaliation must first file through the Equal Employment Opportunity Commission (EEOC) and/or the Pennsylvania Human Relations Commission (PHRC) and receive a “Right to Sue” letter in order to file a lawsuit in court. In New Jersey, individuals may file a lawsuit in court without first filing with an agency.
If you have been a victim of illegal retaliation in the workplace, contact employment lawyer Stephanie J. Mensing of Mensing Law LLC at (215) 586-3751. Ms. Mensing in an employment attorney with extensive experience handling retaliation cases in the agencies and state and federal courts in Pennsylvania and New Jersey. Schedule a consultation today to ensure that your rights are protected.