Pennsylvania Gay, Lesbian, Bisexual, and Transgender Employment Lawyers
Sexual Orientation Discrimination Lawyers | LGBT Employment Lawyers
Pennsylvania has a statewide law that grants protection against discrimination on the basis of race, age, and gender, but that law does not include protections for sexual orientation or gender identity. This leaves members of the LGBT community vulnerable and without any legal recourse if they have experienced discrimination.
Thankfully, certain regions of Pennsylvania have expanded the rights of the LGBT community by enacting special protections for those who are discriminated or retaliated against. This law protects against discrimination by their employers on the basis of sexual orientation. If you live in PA and have been discriminated against by your employer on the basis of your sexual orientation you may be able to sue them in order to enforce your rights. Finding an experienced orientation lawyer or LGBT attorney to work on your case increases the likelihood that your claim of LGBT discrimination will be successful. Since this is a specialized area of employment law, you want an orientation lawyer or LGBT attorney who is familiar with the procedural process to file a LGBT discrimination claim. Additionally, since LGBT discrimination can often be subtle, you want an orientation lawyer or LGBT attorney who is used to identifying this discrimination and presenting it in a manner which strengthens your case.
Regions of Pennsylvania where you can sue on the basis of LGBT discrimination
There are 12 large cities and 34 municipalities in Pennsylvania where you can sue if you have been discriminated against on the basis of your sexual orientation or gender identity. All of these municipalities have enacted local ordinances to grant wider protections to LGBT citizens. Not all of them protect for gender identity, but they do all provide protection for sexual orientation. A LGBT attorney or orientation lawyer can help you determine the best way to craft your case in these regions.
The 12 large cities with these protections are:
- State College
The 2 counties with extra protection are:
- Allegheny County
- Erie County
There are also 20 small towns that have similar protections. The municipalities with these protections are:
- Abington Township
- Cheltenham Borough
- Conshohocken Borough
- Doylestown Borough
- East Norriton Township
- Haverford Township
- Jenkintown Borough
- Lansdowne Borough
- Lower Merion Township
- New Hope Borough
- Newtown Borough
- Springfield Township
- State College Borough
- Susquehanna Township
- Swarthmore Borough
- Upper Merion Township
- West Chester
- Whitemarsh Township
What does LGBT discrimination look like?
Some types of LGBT discrimination are blatant and obvious. For instance, if your boss uses a gay slur and then fires you because you are homosexual, you will know that you have just been discriminated against. But most of the time, LGBT discrimination is much more subtle and nuanced. For example, you may be an excellent employee, but for some reason you are always passed up for a promotion in favor of a less qualified candidate. If this denial of promotion was based on the fact that you are a member of the LGBT community, you may have been discriminated against. LGBT discrimination is not always easy to spot, but if you have reason to believe it has happened to you, it is worth it to contact a LGBT attorney or orientation lawyer and see if you have a case. A LGBT attorney or orientation lawyer will be able to look at all of the facts and determine the best course of action for your situation.
By contacting an orientation lawyer or LGBT attorney quickly, you may be able to end the discriminatory actions in your employment without having to file a lawsuit. If your orientation lawyer or LGBT attorney helps you collect evidence of LGBT discrimination happening in your workplace, your employer may choose to settle your claim outside of court. If you are not content with a proposed settlement, an orientation lawyer or LGBT attorney can continue negotiations or take the next steps to pursue a lawsuit.
What evidence is necessary for a successful LGBT discrimination case?
Every case is different and may have different evidence available. An experienced orientation lawyer or LGBT attorney will look at the facts of your case to determine if you have a strong case. Even if you do not have enough direct evidence to be successful in a LGBT discrimination lawsuit, an orientation lawyer or LGBT attorney may be able to alter your workplace conditions by negotiating with your employer.
Any written examples of discrimination (emails or reviews), documented examples of LGBT discrimination (notes you have taken or filed complaints with your HR department), or co-workers willing to testify on your behalf strengthen your case. Your orientation lawyer or LGBT attorney may be able to find helpful evidence that you did not even realize existed. Finding an experience orientation lawyer or LGBT attorney is the first step to building a successful case.
How does the process work if I bring suit against my employer for LGBT discrimination?
The laws governing discrimination suits require that each claim be processed and investigated by a government agency before the individual is granted the right to sue in Pennsylvania’s state court. For example, if you live in the City of Pittsburgh, you would file your initial claim with the City of Pittsburgh’s Commission on Human Relations. If you live outside the city, but within Allegheny County, you would file your claim with the Allegheny County Human Relations Commission. Each of these agencies would process your claim and may make attempts at mediation and reconciliation. If an amicable solution cannot be met, then after 6 months from the day you filed, you may request to have the right to sue granted. Once a right to sue letter is issued, you may take your case to the state’s courts and proceed toward a trial. The threat or eventual realization of a trial can be a powerful weapon in receiving justice if you have been discriminated against. That is why it is important to consult with an experienced LGBT attorney or orientation lawyer before, or during, the legal process.
Do I have any other options if I’m discriminated against by my employer because of my LGBT status?
You might. Even if your employer is not prohibited from discriminating against you because of your sexual orientation, you may still have a claim for gender/sex based discrimination, wrongful termination, harassment, or a variety of other applicable violations of employment law. Consulting with an orientation lawyer or LGBT attorney can help you determine the best course of action for your case.
For example, if your employer is discriminating against you for not living up to gender stereotypes, such as being an effeminate male or a masculine female, you may have actionable federal and state claims for gender discrimination. An experienced orientation lawyer or LGBT attorney can help you identify possible claims arising under state and federal laws.
Occasionally, simply getting an orientation lawyer or LGBT attorney involved in your case is enough to make your employer stop its discriminatory conduct. The threat of a lawsuit or negative publicity may prompt your employer to take actions to end LGBT discrimination happening at work. An orientation lawyer or LGBT attorney can help you determine the appropriate course of action based on your case.
How Kraemer, Manes & Associates can help you
If you have been discriminated against on the basis of your sexual orientation or identity, and you live in one of the protected regions, Kraemer, Manes & Associates can help. The attorneys at our firm have experience in multiple areas of employment discrimination including sexual orientation, race, age, gender and more. We specialize in the representation of employees and bring a higher level of dedication to cases of this nature. No person should have to stand by silently while they are discriminated against. We can get help you to get compensation, equitable actions and most importantly, a sense of justice. Call Kraemer, Manes & Associates for a free consultation with an orientation discrimination lawyer or LGBT discrimination attorney.
Kraemer, Manes & Associates LLC “KM&A” is a law firm serving all of Pennsylvania with our principal offices in Pittsburgh and Philadelphia. Call KM&A in western Pennsylvania at 412-626-5626 or in eastern Pennsylvania at 215-618-9185. KM&A can be reached by email at email@example.com.
Comments are closed.