Sexual orientation discrimination means that an employer treats an employee differently due to his or her sexual orientation (i.e., heterosexual, homosexual, bisexual, etc.)
This is one of the most rapidly developing fields of employment discrimination. Until very recently, employers were generally not prohibited from discrimination based on sexual orientation or gender identity.
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 gender 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.
Federal Laws
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 Federal Equal Employment Opportunity Commission (EEOC) takes the position that Title VII’s prohibition of sex discrimination forbids any employment discrimination based on gender identity or sexual orientation and that these protections apply regardless of any contrary state or local laws. However, different courts have interpreted these laws in different ways and it is unclear how these laws may be applied in the future.
State Laws:
- The Pennsylvania Human Relations Act (PHRA): Executive Order 2003-10 of the PHRA prohibits public employers from discrimination based on sexual orientation, however this order does not apply to private employers in Pennsylvania, who employ the vast majority of the workforce.
- New Jersey Law Against Discrimination (NJLAD): New Jersey’s State Law prohibits discrimination due to one’s sexual orientation, gender identity or expression. This law applies to public and private employers as well as with regard to housing, places of public accommodation, credit and business contracts.
Local Laws:
Thirty-three localities in Pennsylvania (including Philadelphia), provide protection from gender identity and sexual orientation employment discrimination. This means that people who work in Philadelphia are protected from gender identity and sexual orientation employment discrimination even if they work for a private company. Below is a list of other localities that provide legal protection and the years these local laws were passed:
- City of Harrisburg (1983)
- City of Pittsburgh (1997)
- City of York (1998)
- City of Lancaster (2002)
- Allentown Ordinance (2002)
- Erie County (2002)
- City of Erie (2002)
- New Hope Borough (2002)
- City of Scranton (2003)
- Swarthmore Borough (2006)
- City of West Chester (2006)
- City of Easton (2006)
- Lansdowne Borough (2006)
- State College Borough (2007)
- Allegheny County (2009)
- City of Reading (2009)
- Doylestown Borough (2010)
- Lower Merion Township (2010)
- Borough of Conshohocken (2011)
- Haverford Township (2011)
- City of Bethlehem (2011)
- Springfield Township (2011)
- Newtown Borough (2011)
- Whitemarsh Township (2011)
- Jenkintown Borough (2011)
- Susquehanna Township (2011)
- Cheltenham Borough (2012)
- Abington Township (2012)
- Upper Merion Township (2012)
- East Norriton Township (2012)
- City of Pittston (2013)
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 610-638-7255.