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Your sexual orientation is a very personal matter that may take years for you to acknowledge and get comfortable with. When your employer decides to treat you unfairly or harass you because of your sexual orientation, that is discrimination and it is illegal.
It does not matter whether you are homosexual, heterosexual, or bisexual, you have a right to live your life and love who you love. For the past 25 years, the experienced attorneys at the Derek Smith Law Group in Philadelphia have helped people just like you get the justice they deserve.
Sexual Orientation harassment in Philadelphia occurs when an employee or job applicant is treated unfairly or harassed by an employer, CEO, supervisor/manager, co-worker, client/customer, vendor, or other non-employee for being homosexual, heterosexual, or bi-sexual. Federal laws label this as a form of sex discrimination and prohibit this type of behavior under laws protecting sex discrimination. Local Philadelphia laws also prohibit sexual orientation discrimination, which extends to all members of the LGBTQ community, including those that identify as queer or are transgender.
Title VII of the Civil Rights Act of 1964 prohibits sex discrimination against employees or job applicants who work with companies of 15 or more employees.
The Equal Employment Opportunity Commission (EEOC) includes sexual orientation as a form of sex discrimination.
The Philadelphia Fair Practices Ordinance protects employees in Philadelphia companies from experiencing sexual orientation discrimination in the workplace.
To pursue a lawsuit against your employer for sexual orientation discrimination, you must produce evidence of your claim. This can come in the form of direct evidence, disparate evidence, or policy evidence.
Sexual orientation discrimination in the workplace can come in many forms. It can be very subtle, such as maybe not being given the promotion you applied for, or much more blatant, such as being told that you are not welcomed because of your sexual orientation. Here are some examples of how sexual orientation can appear in the workplace:
The laws protect your rights as an employee. However, your employer works hard to attempt to cover any violations of your rights. Therefore, an employment law attorney can help you prove your case and receive the justice you deserve.
Determining the laws that fit your situation can be a tedious and sometimes difficult task. When you are dealing with employment law violations, your life is already turned upside down. Attempting to sort through the laws defining your rights can be more than you can take on.
If you are filing a Title VII claim for sex discrimination, you will file the claim with the EEOC. The EEOC has a time limit of 300 days to file the claim in Philadelphia.
They will investigate the claim to make sure it fits within the guidelines of sex discrimination and issue a Right to Sue letter that gives 90 days to file the complaint in federal court.
If you have a claim under the Philadelphia Fair Practices Ordinance, you have a time limit of 1 year to file the claim with eh Philadelphia Commission on Human Relations.
If you decide to bring a lawsuit against your employer for sexual orientation discrimination, it is because you want relief. The courts are ready to offer this relief in various ways, such as:
Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.
View All TestimonialsDuring 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
Matt Finkleberg is by far the best attorney I’ve ever hired!
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
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.
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
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
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
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
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!
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
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 Testimonial
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
A sexual orientation discrimination lawsuit can 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 be over within 4 to 6 months.
However, if your employer refuses to negotiate and you must go to trial, the trial preparation can take anywhere from 8 months to a year or longer. The trial may then take another few days to several weeks or longer until a judgment is entered by the court.
As you decide on your next move, there are a few things you can do to help move your sexual orientation claim along.
You have a right to work without being treated unfairly or harassed because of your sexual orientation. If you are the victim of sexual orientation discrimination in the workplace in Philadelphia, the experienced attorneys at the Derek Smith Law Group (one of FindLaw’s top employment discrimination firms in Philadelphia) can help.
We have helped our clients win over $165,000,000 and we want to help you. Contact us today at (215) 391-4790 for a free consultation. We do not collect any money until you win your case.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.
Our experienced employment lawyers are dedicated to resolving your workplace rights concerns with expertise and care.