Sexual Orientation/Gender Identity Discrimination
Sexual orientation discrimination means that an employer treats an employee differently due to his or her sexual orientation (i.e., heterosexual, homosexual, or bisexual).
If your employer believes that you have a certain sexual orientation, whether or not this is the case, and discriminates against you or treats you differently because of this belief, then your employer may be in violation of certain anti-discrimination laws.
Additionally, if your employer treats you differently due to your “gendered identity”, defined as your own conception of your gender as being either male or female, whether or not this gender happens to be the same gender you were assigned at birth based on certain physical characteristics, then the employer might be in violation of certain anti-discrimination law.
- Title VII of The Civil Rights act has been interpreted to prohibit discrimination based on failure to conform to a gender stereotype, but not to protect against discrimination based on sexual orientation.
- The Pennsylvania Human Relations Act (PHRA):
- According to Executive Order 2003-10 of the PHRA, public employers are prohibited from discrimination based on sexual orientation.
- Additionally, currently, thirty-three other localities in Pennsylvania (including Philadelphia), through local ordinances, provide protection from gender identity and sexual orientation employment discrimination.
If you believe you have been discriminated against at work based on your sexual orientation or gender identity or have been the victim of retaliation, call Silver & Silver today for a free consultation at 610-658-0500.