Philadelphia Sexual Orientation Discrimination Attorneys

Employment Lawyers Protecting the Rights of Philadelphia Residents

Over 60,000 residents of Philadelphia identify as lesbian, gay, bisexual, transgender, or queer. Philadelphia is considered one of the cities in the U.S. that is most friendly to LGBTQ people. Still, workplace discrimination does occur on the basis of a worker's sexual orientation. If you suffer harm from sexual orientation discrimination at your office, you should consult an experienced Philadelphia sexual orientation discrimination lawyer. At Phillips & Associates, we are ready to help you pursue your claims.

Many LGBTQ workers are unsure whether what they are experiencing is illegal discrimination or just unfair treatment, especially when the conduct comes from supervisors or long-time colleagues. We can review what has happened, explain how federal, state, and local laws apply, and discuss your options for filing with the Equal Employment Opportunity Commission or the Philadelphia Commission on Human Relations. When you work with an LGBT discrimination attorney Philadelphia employees trust, you can get guidance on preserving evidence, dealing with HR, and deciding whether to continue working or look for another job while your case moves forward in the courts around City Hall or in federal court.

Grounds for Sexual Orientation Discrimination Claims

Neither federal nor Pennsylvania laws provide express protection against sexual orientation discrimination. However, the Equal Employment Opportunity Commission has interpreted Title VII of the Civil Rights Act of 1964 to include sexual orientation discrimination as a subset of sex/gender discrimination. This interpretation is based on Supreme Court caselaw about gender stereotypes. In one case, the Commission reasoned that discrimination on the basis of sexual orientation necessarily involves treating a worker differently due to sex. It is also sex discrimination because when an employee alleges sexual orientation discrimination, their claim is that the employer treated them differently because of associating with a person of the same sex.

These legal theories can be complicated, and employers often argue that they acted for some other reason, such as performance or “fit.” We can help you connect the dots between biased comments, sudden changes in evaluations, or different treatment of heterosexual coworkers and the adverse action that you suffered. By gathering documents, electronic messages, and witness statements, and by preparing you for what to expect in proceedings in the U.S. District Court for the Eastern District of Pennsylvania, we work to present a clear narrative that shows how sexual orientation or perceived sexual orientation was a motivating factor in what happened to you.

Examples of Sexual Orientation Discrimination

Sexual orientation discrimination can occur in many different ways. For example, if you are not hired because you mention that you are a lesbian, this would be sexual orientation discrimination. For another example, if you are denied a promotion because you are gay, this would also be sexual orientation discrimination. Similarly, if your boss tries to pay you a lower salary and denies you spousal health insurance benefits because you have a same-sex partner, a sexual orientation discrimination attorney in Philadelphia can help you bring a claim.

Another form of sexual orientation discrimination consists of comments made toward an employee due to his or her sexual orientation, such as coworkers using anti-gay slurs or making disparaging remarks about your sexuality. If your employer does not take corrective measures, you may be able to hold your employer liable under Title VII for the hostile work environment. Note that Title VII only applies to employers that have at least 15 employees. Moreover, compensatory and punitive damages are capped based on the size of the employer.

Discrimination can also show up in more subtle ways, such as repeatedly scheduling you for less favorable shifts, excluding you from client meetings, or denying training and advancement opportunities given to heterosexual coworkers. Some employees see their hours cut or are reassigned to less desirable locations after coming out at work or mentioning a same-sex spouse. A knowledgeable LGBT discrimination lawyer Philadelphia workers turn to can help you evaluate patterns like these, compare your treatment to that of similarly situated coworkers, and decide whether filing a charge or pursuing litigation is the right next step.

State Laws

District courts in Pennsylvania have reached different conclusions about whether sexual orientation is implicitly a protected characteristic under Title VII. Likewise, the Pennsylvania Human Relations Act (PHRA) does not expressly prohibit sexual orientation discrimination. However, taking its cue from the EEOC, the Pennsylvania Human Relations Commission has taken the position that it will take and investigate sex/gender stereotyping claims filed by LGBTQ individuals.

Because the law in this area continues to evolve, timing and strategy are critical. We can help you decide whether to proceed under federal law, state law, or local ordinances, and how to coordinate filings so that you do not miss important deadlines. For workers employed in and around Philadelphia, including those who commute from nearby communities in Montgomery or Delaware County, we can explain how the PHRA, Title VII, and city protections interact and what that means for your potential remedies.

The Philadelphia Fair Practices Ordinance

The City of Philadelphia has enacted a Fair Practices Ordinance that forbids discrimination in the area of employment, among other areas, and more specifically, expressly forbids sexual orientation discrimination. The Commission can investigate complaints, conduct hearings, order remedies, and settle sexual orientation discrimination claims. To win an employment discrimination case, your Philadelphia sexual orientation discrimination attorney will need to show by a preponderance of the evidence that you were subjected to unfavorable treatment in Philadelphia, by an employer that was subject to the Fair Practices Ordinance, because of your actual or perceived sexual orientation. Be aware though that your complaint generally has to be filed within 300 days of the date of the discriminatory conduct. More importantly, it is illegal for your employer to retaliate against you for reporting sexual orientation harassment to HR, or for filing a complaint or participating in the Commission's complaint investigation process.

If the Commission decides that there is a finding of probable cause of sexual orientation discrimination, and the employer and employee cannot reach a voluntary resolution, there will be a public adjudicatory hearing. If liability is found, an employee may be able to recover emotional distress damages, out-of-pocket damages, punitive damages (if the company's actions are found willful, wanton, or in reckless disregard of the employee's rights), as well as possibly injunctive relief.

Many people are nervous about bringing a claim before the Philadelphia Commission on Human Relations because they worry about facing their employer or being questioned in a formal setting. We prepare our clients for each stage of the process, from drafting the initial complaint through attending conferences and hearings that may take place in city offices. We also discuss the possibility of settlement, what different types of relief might look like in your situation, and how your case before the Commission could affect any related lawsuit in federal or state court.

What To Do If You Are Facing Workplace Discrimination

When you are experiencing discrimination based on your sexual orientation or gender identity, it can be hard to know what to do day to day. Taking practical steps early can strengthen any future claim and may also improve your situation at work. We often encourage clients to think about both their legal options and their personal well-being as they decide how to respond to mistreatment on the job in Philadelphia.

One of the most important things you can do is document what is happening. Keep a private record of discriminatory comments, actions, and decisions, including dates, times, locations, and the names of any witnesses. Save relevant emails, text messages, and performance reviews, and consider writing down your recollection soon after a difficult incident so details are not lost. If it feels safe to do so, you can also follow your employer’s reporting procedures, such as making a complaint to HR, which may later show that the company was on notice of the problem but failed to act.

It can also help to get legal advice before you resign or make any big decisions that could affect your income or benefits. An LGBT discrimination attorney Philadelphia workers consult can explain how quitting, requesting medical leave, or transferring to a different department might impact your potential case. We can talk through your goals, review any severance agreement offered by your employer, and help you decide whether to file with the EEOC, the Pennsylvania Human Relations Commission, or the Philadelphia Commission on Human Relations based on where you work and where the discrimination occurred.

Hire a Dedicated Sexual Orientation Discrimination Lawyer in Philadelphia

If you believe that you have been subjected to sexual orientation discrimination at your job, you should consult the experienced employment litigators at Phillips & Associates.

Contact us at (866) 229-9441 or via our online form to set up a free consultation to find out how we can help.