Sex Discrimination Lawyer in Philadelphia
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 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 a sex discrimination lawyer in Philadelphia at Phillips & Associates, PLLC.
You don't have to take this on by yourself. Talk with an experienced employment lawyer near you at Phillips & Associates, PLLC. Contact us online or call (866) 229-9441 to secure a free consultation now.
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, which can be quid pro quo or create a hostile work environment. 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.
Recognizing Hidden Forms of Sex Discrimination
Uncovering subtle discrimination can be challenging as it often manifests through microaggressions, wage disparities not overtly documented, or exclusion from team activities that impact professional growth. Employers may also use seemingly neutral qualifications that disproportionately disadvantage one gender. To effectively address these hidden forms of sex discrimination, it is crucial to document all interactions meticulously and gather evidence to support your claims.
How Does Title VII Protect Employees?
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 are 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.
Phillips & Associates, PLLC is ready to answer your questions. Contact us via online form or call (866) 229-9441.
Understanding Procedural Nuances of Sex Discrimination Cases
Navigating the nuances of filing complaints under different state and city laws involves understanding the specific time limits and required documentation for each regulatory body. The PHRC accepts claims within 180 days of the discriminatory act, while the EEOC extends to 300 days in some circumstances. Familiarizing yourself with these distinctions can significantly influence the successful filing of your grievance.
Local Resources & Support in Philadelphia
Philadelphia offers a variety of resources for individuals seeking support and information regarding sex discrimination. These include advocacy groups and local chapters of national organizations that focus on employee rights and gender equality. The Women's Law Project, for example, provides counseling and legal assistance for individuals dealing with gender discrimination issues in the workplace. Engaging with these resources can provide a supportive community and access valuable information that can aid in understanding your rights under local and federal laws.
Depending on your situation, reaching out to the Philadelphia Commission on Human Relations (PCHR) can also be beneficial. They offer guidance in filing complaints and have extensive resources to support victims of workplace discrimination. By connecting with these local organizations and using their resources, you can take proactive steps in addressing discriminatory practices and advocating for workplace fairness.
Protecting Your Rights with a Sex Discrimination Lawyer in Philadelphia
If you suspect you are experiencing sex discrimination in your workplace, it is important to take specific steps to protect your rights. First, document all occurrences meticulously, noting dates, times, involved parties, and any witnesses. Detailed records are crucial in building a strong case for your complaint. It is also wise to communicate your concerns initially with a trusted HR representative, if available, following the appropriate procedural channels your company has in place.
A consultation with a knowledgeable sex discrimination attorney from Phillips & Associates, PLLC can provide clarity on your situation and legal protections under Philadelphia law. They can advise on effective strategies for asserting your rights, whether through negotiation or litigation. Remember, being informed and proactive can greatly influence the outcome when addressing workplace discrimination.
Connect with a qualified local sex discrimination attorney as soon as possible. Dial (866) 229-9441 or submit an online form.
Frequently Asked Questions About Sex Discrimination
What Are Common Signs of Sex Discrimination at Work?
Common signs of sex discrimination include unequal pay for the same work, lack of consideration for promotions or projects due to gender, and inappropriate comments or behavior based on gender stereotypes. It might also manifest as exclusive practices where one gender is favored in decision-making processes or where company policies are applied inconsistently among genders. Employees may also feel pressured to conform to traditional gender roles, which can stifle professional growth and contribute to a hostile work environment.
Understanding these signals helps in recognizing discrimination early. It’s crucial to stay informed about your workplace rights and to document suspicious or biased behavior as it happens. Consulting with an attorney can further clarify any legal standing you have if you suspect discrimination is taking place.
What Compensation Might Be Available for Victims?
Victims of sex discrimination may be entitled to various forms of compensation, depending on the specifics of their situation and the impact of the discrimination. Possible compensatory measures include payment for lost wages, including back pay, and adjustments for potential lost future earnings. Legal remedies may also involve settlement of emotional distress, reinstatement or promotion in your job, as well as coverage of legal fees.
It’s important to discuss these potential remedies with an attorney to understand what compensation might be applicable to your particular circumstances. Each case is unique, and the resolution will be dependent on the evidence presented, the laws that apply, and negotiation outcomes.
How Long Do I Have to File a Complaint?
The timeframe for filing a sex discrimination complaint in Philadelphia can vary depending on the legal avenue pursued. Under the Philadelphia Commission on Human Relations, complaints must typically be filed within 180 days of the discriminatory act. However, if you file a complaint with the Equal Employment Opportunity Commission under federal law, you may have up to 300 days if the charge is also covered by state anti-discrimination laws.
These time parameters highlight the importance of acting promptly upon recognizing discrimination. Consulting with a knowledgeable attorney immediately can help ensure you meet necessary deadlines and create a comprehensive strategy for addressing your complaint effectively.
What Steps Can Employers Take to Prevent Sex Discrimination?
Employers can implement a range of preventative measures to combat sex discrimination in the workplace. These include developing and enforcing comprehensive anti-discrimination policies that are clearly communicated to all employees. Regular training programs focusing on diversity, inclusion, and harassment prevention can also mitigate potential issues by fostering a more equitable workplace culture.
Additionally, ensuring that there are safe and anonymous channels for reporting discriminatory conduct encourages employees to speak up without fear of retaliation. Auditing pay scales and promotion criteria can also ensure equitable treatment, preventing biases or stereotypes from influencing management decisions. By taking these proactive steps, employers can create a respectful and fair working environment for everyone.
Hire a Sex Discrimination Attorney 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, PLLC.
You can contact us at (866) 229-9441 or complete our online form for a free consultation.
Discrimination Lawyer Success
MORE THAN $250 MILLION RECOVERED FOR PAST CLIENTS
-
$1.8 Million Race Discrimination
Won a substantial $1.8 million verdict in the Southern District of New York for John Pardovani, with $800,000 in compensatory damages and $1,000,000 in punitive damages. This result was led by Jesse S. Weinstein and Gregory W. Kirschenbaum.
-
$2.2 Million Race Discrimination & Retaliation
Secured a landmark $2.2 million verdict in Rosas v. Balter Sales, et al., affirming justice for race discrimination and retaliation in 2015. Led by Greg Kirschenbaum.
-
$1.4 Million Religious & Sexual Orientation Discrimination
Achieved a groundbreaking $1.4 million verdict in 2012 for a chef facing religious and sexual orientation discrimination, marking the highest employment law verdict of the year. Bryan Arce was instrumental in this win.
-
$280 Thousand Race Discrimination
Secured a pivotal ruling in New York where a federal jury declared that the use of the N-word in the workplace is never acceptable, reinforcing workplace equality and respect.