LGBT+ DISCRIMINATION

Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is discrimination because of sex in violation of Title VII of the Civil Rights Act of 1964.

Sexual orientation discrimination has been part of the workplace in America for decades, and while federal, state and local laws, as well as increased social awareness have improved the situation dramatically, many people still face obstacles at work. RMN Can Help.

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What is LGBT+

Discrimination?

According to the U.S. Equal Employment Opportunity Commission (EEOC): 

  • Title VII of the Civil Rights Act of 1964 does not explicitly include sexual orientation or gender identity in its list of protected bases, but the EEOC, consistent with Supreme Court case law holding that employment actions motivated by gender stereotyping are unlawful sex discrimination and other court decisions, interprets the statute's sex discrimination provision as prohibiting discrimination against employees on the basis of sexual orientation and gender identity.

  • In 2015, the EEOC received a total of 1,412 charges that included allegations of sex discrimination related to sexual orientation and/or gender identity/transgender status. 

  • The EEOC resolved 1,135 of those charges, providing approximately $3.3. million in monetary relief for workers.

LGBT+ Discrimination can include: 

  • Failing to hire an application because of his/her sexual identity

  • Firing an employee because he/she is planning on making a gender transition.

  • Denying an employee a promotion because he/she is gay or straight.

  • Harassing an employee because of his/her sexual orientation, for example, by derogatory terms, or sexually oriented comments. 

  • Discriminating in terms, conditions, or privileges of employment, such as providing lower salary or denying spousal health insurance.

  • Intentionally and persistently failing to use the name and gender pronoun that correspond to the gender identity with which the employee identifies

How do I know if I need a lawyer?

If you have been let go, and you have any suspicion that it was for an illegal reason, you should call RMN for a free consultation now. Employers have expensive lawyers that help them cover up their illegal practices. You need an employment attorney that will fight for your rights. If you recently made a complaint about sexual harassment, have over heard racist jokes in the workplace, or noticed everyone gets fired when they hit a certain age, call us now!

How can I afford a lawyer?

We know that hiring a lawyer shortly after you have lost your job may seem financially impossible. The good news is that RMN offers contingency billing so you can pursue justice under the least amount of financial hardship. In contingency billing, we pay all the upfront costs in exchange for a portion of the money we secure for you. If there is no recovery, you pay nothing. It is just another way that we are ATTORNEYS WHO ARE ON YOUR TEAM TM

Are there important deadlines?

Yes, there are extremely important deadlines you must make or your claim could be lost. The EEOC, PHRC, and Courts all have Statutes of Limitations (SOL) that limit the amount of time you have to bring your claim. In some cases, those deadlines can be as soon as 30 days after the illegal act, though in most situations the SOL is between 6 months and 2 years. Only an experienced attorney can tell you what the SOL on your case is. Don't wait to call, or it may be too late. 

How much is my case worth?

There is no simple equation that we can use predict how much your case may be worth. You should not trust an attorney who claims to have one. Every case is unique, and the value of any case can only be determined by actually litigating it in court. Our lawyers can assess your situation and give you potential ranges after in depth investigation, but no one lawyer can tell you what our case is worth until it has been settled or tried.  

FREQUENTLY ASKED

QUESTIONS

Should I complain to human resources?

Yes, you should make a complaint to your company's HR department if you are sexually harassed by a superior or a co-worker. If your company doesn't have an HR department, you should go to a superior, or an owner. In either case, you should call an attorney right away for advice on your situations.

  • Age Discrimination in Employment Act (ADEA)

  • The Pennsylvania Human Relations Act (PHRA)

  • Pittsburgh Anti-Discrimination Ordinance 

  • Philadelphia Fair Practices Ordinance

  • United States District Court

    • Western District of Pennsylvania

    • Eastern District of Pennsylvania

    • Middle District of Pennsylvania

  • Pennsylvania Court of Common Pleas

    • All counties in Pennsylvania, including Allegheny and Philadelphia

  • Third Circuit Court of Appeals

  • Pennsylvania Superior Court

  • Pennsylvania Commonwealth Court

  • The Equal Employment Opportunity Commission (EEOC)

  • The Pennsylvania Human Relations Commission (PHRC)

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We work hard to make sure that all our information is correct. However, you should never rely on legal information you read on this or any other website without consulting with a licensed attorney. Nothing on this website shall be interpreted as legal advice or as creating an attorney-client relationship. RMN specifically disclaims all representations and warranties and urges you to call an attorney if you have any legal questions.