Derek Smith Law Group / Employment Law / Sexual Orientation Discrimination / Sexual Orientation Discrimination Attorney Philadelphia

Sexual Orientation Discrimination Attorney Philadelphia

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What Is Discrimination Based on Sexual Orientation in Philadelphia?
Contact Our Experienced Philadelphia Sexual Orientation Discrimination Attorneys for Your Free Consultation
Different Types of Workplace Discrimination Cases We Handle:

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.

What Is Discrimination Based on Sexual Orientation in Philadelphia?

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.

What Law Protect Employees from Sexual Orientation in Philadelphia?

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.

What Evidence is Needed to Prove Sexual Orientation Discrimination in Philadelphia?

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.

Direct Evidence. Direct evidence is when there is no guessing as to why you were treated negatively by your employer. This smoking gun is the verbal or written comment that actually states you were treated poorly based on your sexual orientation. This can be said or written to you or you can be told it was said about you and see an email sent to another person about you.
Disparate Evidence. Disparate evidence occurs when a direct connection can be made between the discriminatory treatment and your sexual orientation. This is a cause and effect relationship that often displays a pattern of unfair treatment by the company against employees or job applicants that are homosexual, heterosexual, or bi-sexual.
Policy Evidence. Policy evidence occurs when a policy is discriminatory on its own. Simply following the policy will lead to sexual orientation discrimination.

What Are Some Examples of Sexual Orientation Discrimination in Philadelphia?

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:

Your boss refuses to put you on a project because the client is homophobic and does not want a gay employee working on the project
Your co-worker sends emails laced with LGBTQ slurs that you have made clear offend you
Your supervisor terminates you because you complained to HR that he was harassing you for being heterosexual and not accepting his advances
The company has a policy that expects everyone to post pictures of their spouses, but you do not want to be out at work and post a picture of you with your same-sex spouse
Your company will not offer your spouse benefits because they do not believe in same-sex marriages, even though it is a legal union
Your supervisor tells you that you do not act “gay enough” and that he would like to see you be more “true to yourself”
You co-worker outs you to the entire company in an email
You were passed over for a promotion because you are a Lesbian
You were denied the use of your vacation days for your same-sex marriage but your co-worker who just had a heterosexual marriage was given time off without having to even use her vacation days and was paid
You are asked your sexual orientation at a job interview
You’re not gay, but your boss thinks you are and keeps asking how your boyfriend is doing, even though you have corrected him several times and asked him to stop because it makes you uncomfortable

Why Should You Work with an Employment Lawyer?

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.

What Is the Statute of Limitations to File a Sexual Orientation Discrimination Claim in Philadelphia?

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.

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

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:

Reinstatement of employment and/or benefits
Reimbursement of medical premiums
Reimbursement of medical and other related expenses
Reassignment or termination of the person responsible for the discriminatory behavior
Reviewing and revamping policies
Attorney’s fees
Back pay
Future pay
Pain and suffering
Emotional distress
Punitive damages

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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 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

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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!

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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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What Is the Length of Time a Sexual Orientation Discrimination Case Can Last in Philadelphia?

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.

A Few Things You Can Do Right Now

As you decide on your next move, there are a few things you can do to help move your sexual orientation claim along.

Contact an experienced sexual orientation attorney immediately.
If you are still employed, do not quit until you consult with your attorney.
If your company has an HR department, file a complaint for sexual orientation discrimination in writing.
If your company has a sexual orientation discrimination policy, follow it.
Gather evidence. Document every incident, including what occurred, where and when 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 Sexual Orientation Discrimination Attorneys for Your Free Consultation

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.

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