Sexual Orientation / Gender Identity Discrimination
Pennsylvania and New Jersey LGBTQ Discrimination Attorneys
Neither the federal government nor the Commonwealth of Pennsylvania has protections for discrimination against lesbian, gay, bisexual or transgender workers. However, the City of Philadelphia, certain surrounding municipalities and the State of New Jersey have laws in place to protect against negative employment decisions on the basis of sexual orientation or gender identity. New Jersey's law also protect against discrimination based on gender expression.
Philadelphia Employment Lawyer for LGBTQ Workers
If you have faced any type of negative employment action, including termination, refusal to hire, being passed over for promotion, or harassment due to your sexual orientation, gender identity or gender expression, you may have a claim if you work in one of the jurisdictions in the Philadelphia region where such discrimination is illegal, or in New Jersey.
At Console Mattiacci Law, LLC, our dedicated Philadelphia employment lawyers represent victims of discrimination who are gay, lesbian, bisexual or transgender or perceived as such. We are a firm of experienced attorneys who have been recognized by our peers for our skill. Additionally, we also represent clients throughout New York. Call us today at 215-545-7676 to set up a consultation.
LGBTQ Anti-Discrimination Law Overview
- Jurisdictions With Worker Protections Based on Sexual Orientation or Gender Identity
- Sexual Orientation in the Law in Philadelphia
- New Jersey Legal Protection for LGBTQ Workers
- Gender Identity or Expression in Discrimination Law
- Harassment Based On Sexual Orientation or Gender Identity
Console Mattiacci Law, LLC can represent clients facing sexual orientation or gender identity discrimination in New Jersey, which has a statewide prohibition on discrimination, or any jurisdiction in Pennsylvania that has these protections in place.
About 30 percent of Pennsylvanians live in jurisdictions with some kind of non-discrimination law that covers sexual orientation and/or gender identity and/or expression, according to UCLA's Williams Institute. These include Philadelphia, the boroughs of Bristol, Conshohocken, Doylestown, Jenkintown, Lansdowne, Swarthmore and West Chester, and the townships of Abington , Cheltenham, East Norriton, Haverford, Lower Merion and Upper Merion.
The details of how the law operates may vary slightly from jurisdiction to jurisdiction. The proper jurisdiction will usually be the one in which the discrimination took place.
Philadelphia Code § 9-1102 defines sexual orientation as homosexuality, heterosexuality or bisexuality. The definition not only includes gay, lesbian or bisexual workers, but also straight workers who are discriminated against because of their sexual orientation. The ban on discrimination is included in Philadelphia Code § 9-1103.
The New Jersey Law Against Discrimination similarly defines "affectional or sexual orientation" as including homosexuality, heterosexuality or bisexuality (N.J.S.A. 10:5-5). Discrimination in employment on the basis of affectional or sexual orientation is prohibited in N.J.S.A. 10:5-12.
Both laws prohibit discrimination not just for actual sexual orientation, but also for perceived sexual orientation. If a heterosexual man were denied a job because the employer believed him to be gay, he would have the same claim as a man who actually is gay.
Philadelphia's law covers gender identity, defined in Philadelphia Code § 9-1102 as either the perception of oneself or others as male or female, regardless of the person's birth sex, chromosomal sex or physical anatomy.
New Jersey covers gender identity and expression, defining it as an identity or expression "whether or not stereotypically associated with a person's assigned sex at birth."
The Philadelphia law states specifically that it does not matter if the person has sought sexual reassignment surgery or if he or she intends to do so. New Jersey does not distinguish between transgender people who are pre-op or post-op, or people who do not intend to seek surgery or other medical procedures or treatment.
An employer may be liable to an employee if they allowed a workplace that is hostile due to the victim's sexual orientation or gender identity in a jurisdiction like Philadelphia or New Jersey, where these traits are covered.
A hostile workplace may include when the employee is harassed with anti-LGBTQ slurs, or where derogatory statements are made about a person due to his or her sexual orientation, gender identity or, in New Jersey, gender expression.
Console Mattiacci Law, LLC ǀ Philadelphia Attorneys for Your Philadelphia Sexual Orientation or Gender Identity Discrimination Case
If you live in New Jersey, New York, Philadelphia or any other jurisdiction with worker protections, you can turn to Console Mattiacci Law, LLC if you've been the victim of employment discrimination based on sexual orientation or gender identity. Our experienced Philadelphia and New Jersey lawyers represent workers who faced negative employment actions, including harassment, because they are lesbian, gay, bisexual, transgender, or are perceived as such. A discrimination claim may have a deadline of as little as 180 days to take action. Call us today at 215-545-7676 to schedule a consultation.
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