Amy Y. Karpf Labor and Employment Law Blog on Lawyers.com

Discrimination lawsuits against employers are constantly in the news. Yet people have many misconceptions about how employment laws protect them. Here are just a few of those misconceptions.

Men and persons who are not members of a minority group cannot file a claim for discrimination.

While women and members of racial or religious minorities are statistically more likely to suffer discrimination, Title VII of the Civil Rights Act does not limit protection to workers in these groups. One of the first things Pennsylvania employment attorneys must prove to make out a valid discrimination claim is that the claimant is a member of a protected class.

While the protected class under the Americans with Disabilities Act (ADA) or the Age Discrimination in Employment Act (ADEA) is limited to individuals with a disability and individuals over the age of 40 respectively, Title VII of the Civil Rights Act protects anyone who suffers discrimination or harassment based on race, sex, national origin, or religion. A Pennsylvania employment attorney can examine your situation and advise you if you have a potential claim.

This means that even members of a majority racial group or religion or men in a traditionally male-dominated industry or trade can be the victims of discrimination or harassment in some circumstances. A

A discrimination claim means going to court

Statutes administered by the Equal Employment Opportunity Commission (EEOC), including the ADA, the ADEA, and Title VII of the Civil Rights Act, require that a claimant file a charge with the EEOC before filing a lawsuit. The EEOC independently investigates these claims and, if it finds a claim has merit, it takes action against the offending employer. The EEOC even goes to court on behalf of a claimant if an employer protests the actions taken.

If the EEOC dismisses your claim, it then issues a Notice of Right to Sue, allowing you to proceed in court. Bucks County labor law firms have experience representing claimants during the internal EEOC appeal process. In addition, they are prepared to go to court if your EEOC claim is unsuccessful.

Employees who file discrimination claims have to worry about retaliation from their employer.protection against their employers from unlawful retaliation

The ADA, ADEA, and Civil Rights Act all have provisions that specifically protect employees against retaliation for participating in processes established under those acts. This means that employers are prohibited from retaliating against employees who file discrimination claims as well as fellow employees who provide evidence in support of those claims during an EEOC investigation or lawsuit. The law has recently expanded to include family members of those involved in employment discrimination claims. Additionally, other laws that regulate industry and business, such as the Occupational Safety and Health Act (OSHA) or the Sarbanes-Oxley Act, specifically protect employees who report certain types of violations.

Contact us

Karpf & Karpf, P.C. is a Bucks County employment law firm. We have offices in both Pennsylvania and New Jersey and are available by phone at 215-639-0801 in Pennsylvania or 609-683-4022 in New Jersey.