Derek Smith Law Group / Employment Law Attorneys / Gender/Sex Discrimination / Gender or Sex Discrimination Attorney Philadelphia

Gender or Sex Discrimination Attorney Philadelphia

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TABLE OF CONTENTS

Gender or Sex Discrimination in the Workplace
What Is Discrimination Based on Sex or Gender in Philadelphia?
Contact Our Experiences Philadelphia Sex or Gender Discrimination Attorneys for a Free Consultation
Different Types of Workplace Discrimination Cases We Handle:

Gender or Sex Discrimination in the Workplace

If you are an employee or job applicant that is treated unfairly at work in Philadelphia or harassed because you are either a man or a woman, you may be the victim of sex or gender discrimination. This treatment can come from your employer, CEO, supervisor or manager, co-worker, client or customer, vendor, or other non-employee of the company. It is illegal and should never be tolerated. For over 25 years, the experienced attorneys at the Derek Smith Law Group in Philadelphia have helped victims of sex or gender discrimination, just like you, get the compensation they deserve.

What Is Discrimination Based on Sex or Gender in Philadelphia?

Sex or gender discrimination in the workplace is when a man or woman is treated unfairly or harassed by an employer, CEO, co-worker, supervisor or manager, client or customer, vendor, or other non-employee because of sex or gender. This can come in the form of termination, demotions, being passed over for promotions, pay decreases, reassignments, refusal of benefits, or even unequal pay. Whether you are an employee or a job applicant, you have the right to fair and equal treatment in the workplace, regardless of your sex or gender.

What Laws Protect Employees from Sex or Gender Discrimination in Philadelphia?

Title VII of the Civil Rights Act of 1964 is the federal law that prevents employers and their associates from discriminating against someone in the workplace of 15 or more employees on the basis of sex or gender. The Equal Pay Act of 1963 is the federal law that prevents employers in companies with 15 or more employees from paying men and women different salaries for conducting substantially the same type of work.

If a man and a woman have worked with a company for the same period of time and have the same or substantially the same position, they should be paid the same salary. The Pennsylvania Human Relations Act prohibits employers with 4 or more employees to discriminate against employees or job applicants based on sex or gender. The Philadelphia Fair Practices Ordinance prohibits employers in Philadelphia from discriminating against employees or job applicants based on sex or gender.

What Evidence Is Needed to Prove Sex or Gender Discrimination in Philadelphia?

As a victim of sex or gender discrimination in the workplace, you must produce evidence to help prove your case. Evidence can come in three forms: direct; disparate; or policy.

Direct Evidence. This evidence is not always easy to come by, but it is very powerful. Direct evidence is also known as the “smoking gun.” It is when you are told via a conversation, an email, or a text, that you are being treated unfairly because you are certain sex or gender. The communication can be said or sent directly to you or you can overhear it or accidentally receive it.

Disparate Evidence. This is more common. Disparate evidence is when you can show a relationship between your sex or gender and the unfair treatment. For instance, if you are a man and always passed over for a promotion in favor of a woman, even though you are as qualified if not more so and have received praise throughout your career, you may have disparate evidence of sex or gender discrimination.

Policy Evidence. Policy evidence is when a policy is discriminatory by nature. It does not need to be intentionally discriminatory. It may even seem neutral. However, when it is enforced, it leads to sex or gender discrimination.

What Are Examples of Sex or Gender Discrimination in Philadelphia?

Sex or gender discrimination can take many forms. In the workplace, it can look like unequal pay, “glass ceiling” issues, or sexism. However, it can also be much more subtle, like simply being overlooked for a promotion or a tasteless joke. Some examples of sex or gender discrimination include, but are not limited to:

Denied a job based on sex or gender
Denying a woman a promotion because she has hit the “glass ceiling” and cannot get promoted anymore
Telling a woman she can not receive benefits for her family and that she should go on her husband’s plan, while offering benefits to a man
A client refusing to let a man work on her project because she does not like men
A co-worker sending sexist emails out to the whole office even when he has been asked to stop on several occasions
Firing a man who complained about the use of gender-related slurs in the workplace which he found offensive
Paying a man who has worked with the company more money than his female equal counterpart
A boss telling a woman she is not feminine enough and she needs to act more feminine in the workplace
Insisting women only wear skirts or dresses to work, as opposed to professional attire
A policy that does not allow women to work on machinery even if they are properly trained and experienced
Constantly denying a man a promotion even when he is more qualified than the woman awarded the position
Insisting only women are allowed to be servers in a restaurant and men must be busboys or bartenders

Testimonials

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Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.

Olivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial

Desirae Gallardo

Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial

Chelsi Ferrini

Matt Finkleberg is by far the best attorney I’ve ever hired! From the outset, it was evident that he was not just another lawyer; Matt is nothing short of extraordinary. He possesses the ability to do his job phenomenally while somehow managing to give me hope during one of my darkest of hours. Matt consistently returned my calls promptly, regardless of my questions, confusion, or self-doubt ... Read Full Testimonial

Tanya Scheer

I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... Read Full Testimonial

Keely Mettlen

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!

Stacey Marie Norton

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough 🙂

Seedie Whiser

Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial

Anthony Scearce

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

Jessica Gonzalez

Corey Kientz

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What Is the Statute of Limitations to File a Lawsuit for Sex or Gender Discrimination in Philadelphia?

Both Title VII claims and Equal Pay Act claims are handled by the Equal Employment Opportunity Commission (EEOC). The time limit to file a claim with the EEOC is 300 days from the date of the last incident of discrimination. The EEOC will investigate the claim to ensure it fits the guidelines of sex or gender discrimination and Issue a Right to Sue letter, which allows you to file your lawsuit in federal court.

Pennsylvania Human Rights Act (PHRA) claims are filed with the Pennsylvania Human Rights Commission (PHRC). You have 1 year to file a claim for sex or gender discrimination with the PHRC.

You may file a claim under the Philadelphia Fair Practices Ordinance 300 days after the last incident of discrimination.

What Remedies Are Available in Philadelphia for Sex or Gender Discrimination?

Philadelphia courts have many remedies for victims of sex or gender discrimination. Some of the available remedies may include, but are not limited to:

Reinstatement of employment and/or benefits
Reimbursement of benefit premiums
Reimbursement of medical and other related expenses
Reassignment or termination of the person responsible for the discriminatory behavior
Reviewing and revamping sex and gender discrimination policies

Attorney’s fees
Back pay
Future pay
Pain and suffering
Emotional distress
Punitive damages

How Long Will a Sex or Gender Discrimination Lawsuit in Philadelphia Last?

A sex or gender discrimination lawsuit may last anywhere from 4 to 6 months to a year or longer, depending on the details of your case. If your employer is willing to negotiate a fair settlement, your case may settle within 4 to 6 months. However, if your employer insists on going to trial, your case may take 8 months to a year or longer to prepare. The trial may then take another few days to several weeks or more before a judgment is entered.

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

A Few Things You Can Do Right Now

Making the decision to fight for your rights regarding sex or gender discrimination is not something to be taken lightly. However, as you are making that call, here are a few things you can do to help your case.

Contact an experienced sex or gender discrimination attorney immediately.
If you are still employed, do not quit your job until you consult your attorney.
If your company has an HR department, file a written complaint regarding the discrimination.
If your company has a sex or gender discrimination policy, follow it.
Gather evidence. Document everything, including every incident, when it occurred, where it occurred, what happened, who was involved, and any witnesses.
Do not waste time. You only have a year to file your claim for sex or gender discrimination with the courts. Do not wait until it is too late.

Contact Our Experiences Philadelphia Sex or Gender Discrimination Attorneys for a Free Consultation

No one should have to work in an environment where they are discriminated against because they are a man or a woman. If you are the victim of sex or gender discrimination in Philadelphia, our experienced attorneys at the Derek Smith Law Group, one of Findlaw’s top sexual harassment attorneys in Philadelphia, can help. We have helped clients win over $165,000,000 and we want to help you too. Contact us today at (215) 391-4790 for your free consultation. We do not collect any money until you win your case.

Different Types of Workplace Discrimination Cases We Handle:

Race Discrimination
Color Discrimination
National Origin Discrimination
Religion Discrimination
Age (over 40) Discrimination
Disability Discrimination
Pregnancy Discrimination

Sexual Orientation Discrimination
Genetic Information Discrimination
Equal Pay/Compensation Discrimination
Ethnic Discrimination
LGBT Discrimination
Hair Discrimination

Our Attorneys

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