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.
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.
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.
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
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.
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
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.
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