All workers have the right to work free from discrimination and harassment. Under federal, state, and local law, it is illegal for your employer to treat you differently because you belong to a “protected class,” including (but not limited to) race/color, religion, sex (including pregnancy), gender identity, sexual orientation, age (40 or older), national origin, disability, or genetic information.
CLS assists workers who have been unlawfully discriminated against at work by giving advice, filing charges, and referring workers to a private attorneys. It is imperative to file your complaint as soon as possible in order to fully protect your legal rights.
All workers, regardless of immigration status, have the right to work free from discrimination and harassment!
- It is illegal for your employer to treat you differently because of your race, color, age (if you are over 40), national origin, religion, sex/gender (including pregnancy), disability, as well as sexual orientation or gender identity. You cannot be fired, paid less, harassed, or given different work because of any of these traits.
Your employer must investigate and stop any sexual harassment.
- Sexual harassment is a form of sex discrimination that includes unwanted sexual comments and advances, requests for sexual favors, and/or hostile verbal or physical conduct of a sexual nature based on a person’s gender.
- It is illegal for your employer to allow sexual harassment in the workplace, whether by a supervisor, co-worker, or a customer or client.
How to protect yourself against discrimination and harassment at work:
- Keep written notes of any discriminatory or harassing conduct, including dates, details of what happened, and the names of any witnesses.
- Save any written or electronic communications relating to the incident, such as emails or texts.
- Talk to a trusted co-worker about what is happening.
- If you are comfortable doing so, tell the person engaging in the inappropriate behavior to stop.
How to report discrimination or harassment at work:
- If your employer has an employee handbook or anti-harassment policy, check to see if there is a reporting procedure.
- If no reporting procedure exists, tell your supervisor or a trusted manager about the problem in person or in writing.
- Consider taking a trusted co-worker with you when you make your complaint.
- Your employer must quickly investigate your complaint and resolve the problem fairly.
- If your employer does not take your complaint seriously or fails to stop the discrimination or harassment, you can file a legal complaint with the appropriate government agency.
- If you were assaulted at work, you can file a report with the police.
How to file a legal complaint with a government agency:
- It is imperative that discrimination claims be promptly filed with the appropriate federal, state, or local agencies so that you do not lose your right to go to court. You do not need an attorney to file a complaint, but it can help to have one.
- The Federal Equal Employment Opportunity Commission (for workplaces with 15 or more employees, 300 days to file): Call 1-800-669-4000
- The Pennsylvania Human Relations Commission (for workplaces with 4 or more employees, 180 days to file): Call 215-560-2496
- The Philadelphia Commission on Human Relations (for workplaces with 1 or more employees, 300 days to file): Call 215-686-4670
Retaliation is against the law!
- It is a violation of the law for an employer to take retaliatory actions against you because you complained about harassment or discrimination in the workplace or filed a complaint.
Undocumented workers are protected.
- Undocumented workers are also protected against discrimination and harassment at work.
- Because undocumented workers may face a greater risk of employer retaliation, such workers should seek the advice of an attorney knowledgeable about employment and immigration law who can properly assist with deciding whether to file a complaint.
- See the “Self-Help Resources” below for more information on how to file a complaint at the relevant governmental agency, or visit the “Know-Your-Rights Library” for more information about your legal rights.
Take Action By Filing A Complaint
Know-Your-Rights / Harassment & Discrimination
- Employment Discrimination Fact Sheet
- Where to File a Discrimination Claim
- You Have The Right To Organize At Work!
- Hoja Informativa Sobre Discriminación en el Trabajo
- التمييز في التوظيف صحيفة وقائع – Employment Discrimination (Arabic)
- Chinese Employment Discrimination
- Vietnamese Employment Discrimination
- KHMER Employment Discrimination