Derek Smith Law Group / Employment Law / LGBTQ Discrimination / LGBTQ Discrimination Attorney Philadelphia

LGBTQ Discrimination Attorney Philadelphia

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What Is LGBTQ Discrimination in Philadelphia?
Different Types of Workplace Discrimination Cases We Handle:

Being a member of the LGBTQ community is not against the law. Whether you are Gay, Lesbian, bi-sexual, non-binary, transgender, queer or have any other form of gender expression or identity, you have a right to live your truth at home and work. Your employer, however, does not have the right to discriminate against you because of it.

That is against federal and local laws. For the past 25 years, the experienced attorneys at the Derek Smith Law Group have helped people just like you get the justice they deserve.

What Is LGBTQ Discrimination in Philadelphia?

LGBTQ discrimination in the Philadelphia workplace is when an employee or job applicant is not treated fairly or is harassed by his or her employer, CEO, supervisor/manager, co-worker, client/customer, vendor, or non-employee because of his or her sexual orientation, gender identity, gender expression, or because he or she is transgender or associated with anyone in the LGBTQ community.

Even if the treatment is not directed at you or it is perceived that you are LGBTQ, you may be a victim of this type of discrimination. It is illegal in Philadelphia under federal and state laws and should never be tolerated. Federal and local laws can protect members of the LGBTQ community from workplace discrimination in Philadelphia. Sex discrimination is protected under Title VII of the Civil Rights Act of 1964.

The Equal Employment Opportunity Commission (EEOC) currently says that LGBTQ discrimination is a form of sex discrimination and is therefore prohibited in companies with 15 or more employees.

The Philadelphia Fair Practices Ordinance specifically prohibits companies from discriminating against individuals for sexual orientation and gender identity, protecting most members of the LGBTQ community from employment discrimination.

What Evidence is Needed to Prove LGBTQ Discrimination in Philadelphia?

In order to prove discrimination in the workplace, you need one of three types of evidence: direct; disparate; or policy.

Direct Evidence. Direct evidence is exactly as it sounds and may be referred to as the “smoking gun.” It is when you are told the reason for the unfair treatment is directly related to you being a member of the LGBTQ community. The evidence can be verbal or in writing and said or sent directly to you or someone else about you.

Disparate Evidence. Disparate evidence establishes an office pattern or culture and provides evidence to the cause and effect relationship between you being treated unfairly and your status as a member of the LGBTQ community.

Policy Evidence. When a policy is inherently discriminatory and would cause discrimination just by following it, you can use it as evidence of discrimination.

What Are Some Examples of LGBTQ Discrimination in Philadelphia?

Sometimes LGBTQ discrimination in the workplace is subtle, such as being passed over a few times for a promotion. Other times it is blatant, such as being called homophobic slurs. Here are some other examples of LGBTQ discrimination in the workplace:

Your boss refuses to use your preferred pronouns
Your co-worker tells anti-LGBTQ jokes almost daily, even have you have said they offend you
You were asked your sexual orientation during your interview
Your supervisor demotes you after he finds out you identify as non-binary
You are fired because your CEO does not like having anyone on staff that identifies as queer
The company policy insists that all people use the bathrooms that coincide with the gender of their birth
You are forced to wear gender-specific uniforms.
You are denied benefits for your same-sex spouse even though company policy allows employees to get coverage for their spouse
Your co-worker consistently asks you why you are bi-sexual instead of “choosing” a sexuality
You are fired for complaining to HR about being called homophobic slurs regularly
You have made it clear that while you are not Gay or Lesbian, the jokes about Gay and Lesbian people offend you. The behavior does not stop

What Is the Statute of Limitations to File an LGBTQ Discrimination Claim in Philadelphia?

To file a Title VII claim, you must file it with the EEOC. The time limit is 300 days from the last date of discrimination. The EEOC will investigate the claim and issue a Right to Sue letter to allow you to sue in federal court.

If you wish to file a Philadelphia Fair Practices ordinance claim, you can do so within 1 year of the sate of the last incident of discrimination.

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During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

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Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

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

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Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

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

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

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Get Help for Workplace Discrimination

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What Remedies Are Available Through the Courts for LGBTQ Discrimination in Philadelphia?

Reinstatement of employment and/or benefits
Reimbursement of benefit premiums
Reimbursement of medical and other expenses
Reviewing and revamping company policies
Attorney’s fees
Back pay
Future pay
Pain and suffering
Emotional distress
Punitive damages

What Is the Length of Time an LGBTQ Discrimination Case Can Last in Philadelphia?

When you file a lawsuit for discrimination in Philadelphia, the case can last anywhere from 4 to 6 months to a year or longer, depending on the specifics of your case. If your employer is willing to negotiate a fair settlement before trial, your case may settle within 4 to 6 months. However, if your case gets to trial, it may take 8 months to a year or longer to prepare. The trial may then take an additional few days to several weeks or longer until a judgment is entered by the court.

A Few Things You Can Do Right Now

As you decide how to move forward, there are a few things you can do right now to help move your case along.

Contact an experienced LGBTQ lawyer immediately.
If you are still employed, do not quit your job without consulting with your attorney first.
If your company has an HR department, file a complaint for LGBTQ discrimination in writing.
If your company has an LGBTQ discrimination policy, follow it.
Gather evidence. Document every incident, including what occurred when and where it occurred, who was involved, and any witnesses.
Do not waste time. Your time to file a claim is limited. Do not wait until it is too late.

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…

Contact Our Experienced Philadelphia LGBTQ Discrimination Attorneys for Your Free Consultation

Your sexual orientation, gender identity, gender expression and association with anyone in the LGBTQ community is your choice and your right to express or keep to yourself.

Either way, you should never face workplace discrimination because of it. If you are the victim of LGBTQ or Gay and Lesbian discrimination in the workplace in Philadelphia, the experienced attorneys at the Derek Smith Law Group (one of FindLaw’s top employment discrimination firms) can help.

Different Types of Workplace Discrimination Cases We Handle:

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