Philadelphia Sex Discrimination

Skilled Employment Attorneys Serving Philadelphia and Surrounding Areas

Around 46.5% of the population in Philadelphia is male, and around 53.5% is female. When you go to work, you hope to be treated fairly. You may hope that an employer will examine your past work performance and skills when making important decisions about whether to hire you and how to treat you on the job. Unfortunately, some employers make decisions based solely on bias related to an employee's sex/gender rather than on his or her merit. Sex discrimination occurs when an employer treats a job applicant or employee differently only because of his or her sex. If you suffer harm because of this wrongful conduct, you should consult the Philadelphia sex discrimination lawyers at Phillips & Associates.

Forms of Sex Discrimination

Sex discrimination is prohibited under Title VII of the Civil Rights Act of 1964, the Pennsylvania Human Rights Act, and the Philadelphia Fair Practices Ordinance. It involves treating a job applicant, or employee, adversely because of his or her sex/gender. Discrimination can occur in hiring, firing, recruiting, placement, promotions, training, job assignments, pay, benefits, and any other term, condition, or privilege of employment. Another form of sex discrimination is sexual harassment. Sexual harassment can be quid pro quo or hostile work environment harassment. Regardless, your employer is not supposed to make decisions about your employment based on sex/gender stereotypes, assumptions about your capacities based on your sex, or whether you give in to, or oppose, sexual advances.

Title VII

Title VII is the federal law that prohibits sex discrimination, and it covers employers with at least 15 employees. Generally, compensatory and punitive damages are capped under Title VII. If you believe that you have been a victim of sex/gender discrimination and want to pursue relief under Title VII, our sex discrimination attorneys in Philadelphia can help you file a charge with the Equal Employment Opportunity Commission (EEOC), which interprets and enforces Title VII.

The federal Equal Pay Act (EPA) also may apply to your situation. Under the EPA, it is illegal to discriminate based on sex when paying wages or benefits. Your employer cannot make decisions related to salary, overtime, stock options, bonuses, profit sharing, vacation and holiday pay, life insurance, hotel accommodations, benefits, and travel expense reimbursement based on your being a man or a woman. The EPA requires instead that men and women receive equal pay for equal work.

State and City Laws on Sex Discrimination

The Pennsylvania Human Relations Act (PHRA) is the state law that prohibits sex discrimination. Since it covers workplaces with at least 4 employees, your Philadelphia sex discrimination attorney may file a complaint with the Pennsylvania Human Relations Commission if you work at a job with between 4 and 14 employees. You cannot recover punitive damages under the PHRA. If you think that you were a victim of illegal sex discrimination, you are entitled to file a complaint. The PHRC and the EEOC have a work-sharing agreement, which means that they can cooperate with each other in processing your claim. You will however need to indicate that you want to cross-file the complaint. The PHRA or the EEOC (for companies with 15 or more employees) can investigate.

The Pennsylvania anti-discrimination law covers certain small businesses and organizations that Title VII does not cover. Therefore, if your workplace has between 4 and 14 employees, you should file with the PHRC, since the EEOC enforces federal law, which covers only employers with 15 or more employees. If your workplace has 15 or more employees, you are permitted to file with either agency.

There is also a city law, the Philadelphia Fair Practices Ordinance. You can file a city law claim with the Philadelphia Commission on Human Relations (PCHR). The PCHR generally investigates every claim that is filed, conducts public adjudicatory hearings, settles cases as appropriate, and orders remedies when someone is able to show that sex discrimination was perpetrated against them in the workplace.

Hire a Sex Discrimination Lawyer in the Philadelphia Area

If you were harmed as a result of sex discrimination or sexual harassment in your workplace, you should consult the employment litigators at Phillips & Associates. You can contact us at (866) 229-9441 or complete our online form for a free consultation.

PHILLIPS & ASSOCIATES
1635 Market St #1600A
Philadelphia, PA 19103
Phone: (866) 229-9441
Fax: (866) 229-9441