Posted On: January 20, 2010 by Gerald J. Pomerantz

PHILADELPHA AND PENNSYLVANIA EMPLOYMENT DISCRIMINATION VICTIMS COULD ALSO HAVE A RIGHT TO SUE FOR RETALIATION

The purpose of this post from our Philadelphia employment discrimination lawyers is to inform, advise and reassure you, our potential client at Pomerantz Perlberger & Lewis. In EMPLOYMENT, it is illegal to discriminate on the bases of race, color, religion, national origin, ancestry, age over 40, sex, sexual orientation, disability, marital status or gender identity. Most importantly and for the most part not as well known, retaliation for asserting your rights because you have been a victim of discrimination is illegal. You will need a Philadelphia injury attorney experienced in employment retaliation lawsuits.

Despite the massive amount of information on the web many individuals who have employment issues are confused as to just what can be done to protect his or her rights. Too often, I receive calls from discriminated individuals who have lost their rights because of their fear of retaliation from an employer who violated their Title VII rights.

Fact: If you file a claim through our firm’s auspices and your employer fires you because you have sought legal advice and representation, whether your concerns of discrimination were correct or not you, are protected and have legal recourse.

Employment discrimination law traditionally had been employer-oriented. Simply put, without an employer no jobs would exist and society law has a vested interest in protecting and promoting the interests of the employer.

I can't tell any of you reading this blog how many times over the last 20 years I have had to tell emotionally upset male and female workers (more often sensitive females) that the boss can be a bastard so long as he is a bastard to everyone equally. Should they be able to get away with that behavior? Well they can to a point.

What can you do to get out of this situation? Primarily a sensible alternative is to look for a new position but in this economy prospects are slim, "a bird in hand is worth two in the bush" is a maxim that in these economic times will serve one well to consider.

There is a short-term remedy that can be taken by you if it's just a matter of time until you find other employment. Filing with either the Philadelphia Commission On Human Relations, The Pennsylvania Human Relations Commission or the Equal Employment Opportunity Commission, before any action is taken against you if you feel that your job is threatened. Should there be any RETALIATION for your action of protecting your rights you will have one of the very best discrimination actions available.

Retaliation is so serious that, even if you are incorrect that actionable discrimination has occurred, if your employer takes an adverse action against you because of your attempt to enforce the rights granted to you in filing a complaint with one or more of the above agencies, you have a retaliation case and you should contact the Pennsylvania discrimination and retaliation attorneys at Pomerantz Perlberger & Lewis.

For sources that elaborate on your rights to address discrimination concerns and for seeking damages for retaliation by an employer, see, e.g.:

http://www.phila.gov/humanrelations/index.html

http://www.eeoc.gov/field/philadelphia/

http://www.phrc.state.pa.us/

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