Federal and State Laws prevent workers from being subjected to discrimination based on their National Origin or where they were born. Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act prohibit discrimination based on National Origin. In other words, if you are from another country, and an employer makes a decision related to your employment base on the fact you are from another county, you may have a cause of action against the employer. These laws are all applicable when filing with the EEOC or PaHRC.
If an employee is subjected to direct harassment, indirect harassment or disparate treatment, their employer can be liable for such conduct. Interestingly, even people who have applied for a job or those who want a job but have not applied can be protected from disparate treatment under Title VII. A non-applicant may establish a prima facie case of disparate treatment just by showing that they did not apply to a position because of a justifiable belief that the employer’s discriminatory practices made applying a futility. See, EEOC v. Joe’s Stone Crabs, Inc., 269 F.3d 1265 (11th Cir. 2002).
A employee can establish a prima facie case by introducing evidence that creates an inference that an employment decision was made based on a illegal discriminatory motive. At minimum, the employee must show that they are: (1) a member of a protected class; (2) was qualified for the position; (3) suffered an adverse employment action; and (4) non members of the protected class were treated more favorably. Williams v. Seven Seventeen HB Philadelphia Corp., 51 F.Supp. 2d 637 (E.D. Pa. 1999).
If you believe that you have been subjected to discrimination, harassment, or termination because of where you are from or where you were born, contact Robert Maizel, Esquire who can help you fight your employer.
I am an experience employment lawyer who handles these matters regularly. Our team investigates your claim to secure all of the information to help obtain a positive resolution to your case. We know the law and we understand your needs. No matter what your question, please feel free to call us at 215-695-3000 to discuss your case. All consultations are free of charge.
Robert Maizel is an Experienced Trial Attorney in Philadelphia with over fifteen years of trial experience.
You will speak to an attorney about your case!
Saffern & Weinberg has offices located in both Center City Philadelphia and Jenkintown, Pennsylvania. Attorney Robert Maizel is a Partner with the Law Offices of Saffren & Weinberg.
Robert Maizel is associated with, and is Special Counsel with the Law Firm of Saffren & Weinberg. Robert Maizel is not a Law Firm, and rather Robert Maizel is affiliated with the Law Firm of Saffren & Weinberg. All clients shall formulate an agreement with the Law Firm of Saffren & Weinberg, with the option of hiring Robert Maizel as lead counsel on your case to be heard in the State Courts of Pennsylvania, and Marc Weinberg as the lead counsel in cases to be heard in the Federal Courts of Pennsylvania. Mr. Maizel handles all actions in the Administrative Courts of Pennsylvania including the EEOC and PaHRC.
Call Robert Maizel at 215-695-3000 to schedule your free consultation.