Trial-Tested West Chester Lawyers Fighting Back Against Sexual Orientation Discrimination

Experiencing unfair treatment at work because of your sexual orientation or gender identity can be distressing and isolating. Perhaps you’ve felt the pain of being overlooked for a promotion, endured demeaning comments or even lost your job, simply for being who you are. These can not only endanger your career but also your safety and sense of self-worth. It’s crucial to remember that such discrimination is illegal, and you have the right to seek justice. 

The attorneys at Bellwoar Kelly, LLP, are here to listen and to help. With decades of combined legal experience in Pennsylvania employment law, our seasoned trial lawyers are dedicated to protecting the rights of employees who have faced discrimination. With our aggressive and client-centered approach, we stand ready to advocate for your right to a respectful work environment.

Protecting LGBTQ+ Employees From Workplace Discrimination In Pennsylvania

Both federal and state laws offer LGBTQ+ employees protections against discrimination and unfair treatment in the workplace. Title VII of the Civil Rights Act of 1964 prohibits sex-based discrimination by employers with 15 or more employees. This includes discrimination based on sexual orientation and gender identity. It is illegal for covered employers to deny you a job, promotion, equal pay or even fire you if you are part of the LGBTQ+ community.

Pennsylvania law offers even broader protections. The Pennsylvania Human Relations Act (PHRA) makes discrimination based on sex unlawful and applies to employers with four or more employees. The Pennsylvania Human Relations Commission (PHRC) – the state agency that enforces the PHRA – also interprets “sex discrimination” to include discrimination based on sexual orientation and gender identity. 

How Sexual Orientation Discrimination Can Happen In The Workplace

Sexual orientation and gender identity discrimination can occur in various ways at work:

• Denied opportunities: Being overlooked for a promotion, job assignment or training, even if you are qualified.
• A hostile work environment: Experiencing unwelcome conduct based on your sexual orientation or gender identity, often involving offensive comments, jokes, slurs or constant harassment.
• Unequal treatment in rules or benefits: For example, dress codes that specifically target transgender employees, or denying benefits to same-sex partners that are offered to opposite-sex partners.
• Negative employment actions: Such as being fired, demoted or disciplined because of your sexual orientation or gender identity.
• Discrimination by association or perception: Being treated unfairly because of a family member’s sexual orientation or because others mistakenly think you are of a certain sexual orientation or gender identity.

If you suspect any of the above is happening to you, our sexual orientation discrimination lawyers can assess your case and walk you through your options. It can also be helpful to keep a detailed record of all instances of discrimination you face, especially if you decide to pursue a claim.

Filing A Discrimination Claim

If you have faced discrimination at work due to your sexual orientation or gender identity, you can file a formal complaint with one of two main agencies:

• Pennsylvania Human Relations Commission (PHRC): You can file a complaint with the PHRC within 180 days of the unfair act. They will investigate your claim and may try to help you reach an agreement through settlement.
• U.S. Equal Employment Opportunity Commission (EEOC): You can also file a complaint, called a “Charge of Discrimination,” with the EEOC. Because Pennsylvania has its own agency (PHRC), you typically have up to 300 days from the date of the discriminatory act to file with the EEOC.

The PHRC and EEOC have work-sharing agreements in place. This means they cooperate and often cross-file complaints. However, it is advisable to formally file your complaint with both agencies. This guarantees your case is properly handled under both state and federal law.

Take note that this is only a broad overview of the process. In practice, they can be complicated and difficult to go through without professional legal guidance. Our sexual orientation discrimination lawyers can help you gather evidence, prepare your complaint and guide it through the filing process.

Understand Your Options: Call Bellwoar Kelly, LLP, Today

You deserve a legal team that understands your challenges and fights for your future. Talk to one of our sexual orientation discrimination lawyers today. Call 610-314-7066 or send us a message to arrange an appointment. You can visit us at any of our four convenient locations: West Chester, Kennett Square, Pottstown or Media.