February 16, 2012 – Philadelphia Employment Law Attorney, Sidney L. Gold, will be a lead speaker at the 2012 Labor & Employment Law Forum on March 6, 2012, at the New Jersey Law Center in New Brunswick. Sponsored by the New Jersey State Bar Association, the annual Forum will address the latest developments and future trends in Employment Law litigation.  As a well-respected employment law attorney with over 35 years of litigation experience, Mr. Gold will participate in a panel discussion with federal judges and other practitioners entitled “Litigating Employment Cases in Federal Court.” For more information, click here.

Philadelphia Disability  Discrimination  Lawyer, Sidney L. Gold, Proves Stuttering is a Disability under Pennsylvania Human Relations Act

Well-respected Philadelphia Employment Discrimination attorney, Sidney L. Gold, of the Employment Law Firm of Sidney L. Gold & Associates, recently won an important battle in the fight against discrimination in the workplace against individuals with speech impairments, namely stuttering.  Although ultimately the Judge in the case, the Honorable John M. Younge, found that the actions of the plaintiff’s employer did not amount to discrimination, he did opine that the plaintiff’s stuttering was in fact a disability under the Pennsylvania Human Relations Act (PHRA). This case is very important in that it is the first time a Pennsylvania state court addressed the issue of stuttering as a disability under the PHRA.

The Americans with Disabilities Act, or ADA, was signed into law on July 26, 1990, expanding the rights of disabled individuals on the federal level. The PHRA was amended the following year, adopting ADA standards for defining and prohibiting discrimination based on a disability.  Under the PHRA, it is illegal to discriminate in employment against an individual with a “disability” defines as:

(1) a physical or mental impairment which substantially limits one or more major life activities;

(2) a record of having such an impairment; or

(3) being regarded as having such an impairment by your employer.

Claims under the PHRA are analyzed in the same way as claims arising under the ADA. In ADA cases, the federal courts have held that the issue of whether a stuttering condition constitutes a disability is determined by a review of the specific facts to the case. The court must examine the facts and circumstances presented by the plaintiff and determine if a plaintiff’s condition meets one of the outlined definitions of “disability”. For that reason, not all stuttering impediments are ruled as “disabilities” for the purpose of an ADA or PHRA claim.

In Mr. Gold’s case of first impression in Pennsylvania, he successfully presented evidence to show that the plaintiff’s stuttering disorder was an actual disability as defined by the PHRA. He provided lay and expert witness testimony and reports that outlined how the stuttering had substantially affected the plaintiff’s life experiences. Relying on the evidence presented by Mr. Gold, Judge Younge found that the plaintiff’s speech impediment was “a permanent medical condition that substantially impairs Plaintiff’s major life activities of speaking, breathing, and communicating with others.”

Call  our Pennsylvania Disability Discrimination Lawyers Today

When you are subjected to discrimination in the workplace, it is important to consult with a Pennsylvania employment attorney who understands the applicable laws.  Before the court will make a determination as to whether your employer’s actions amount to discrimination or a hostile workplace, your attorney must effectively present evidence that the discrimination laws are in fact applicable in your case.  While in some cases, the basis of discrimination may be quite obvious, such as race or gender, other claims may require a more in depth review of the facts, such as in this particular case addressing stuttering.  If you feel that you’ve been a victim of discrimination in your Pennsylvania workplace, contact the Philadelphia employment discrimination attorneys at Sidney L. Gold & Associates to discuss the merits of your case.

Philadelphia Employment Attorney Fights Against Sexual Orientation & Gender Identity Discrimination

January 21, 2011 – Millions of people around the globe face workplace discrimination because of their sexual orientation or gender identity.  If your sexual orientation or gender identity does not conform to the majority, you may be seen as a convenient target for workplace discrimination or abuse. The Philadelphia employment law firm of Sidney L. Gold & Associates understands the impact sexual orientation or gender identity discrimination can have your mental, emotional and physical well-being. Our discrimination attorneys have handled numerous cases in the Philadelphia-area, as well as state-wide across Pennsylvania, dealing with workplace discrimination based on sexual orientation or gender identity in violation of federal, state or local discrimination laws.

Human rights abuses based on sexual orientation or gender identity include violations which have for decades formed the core agenda of the international human rights law and the United Nations’ human rights machinery. Sexual orientation includes sexual desires, practices and identification. It can be directed toward people of the same or different sexes (same-sex, heterosexual or bisexual orientation). Gender identity refers to the complex relationship between sex and gender referring to a person’s experience of self expression in relation to social categories of masculinity or femininity (gender). Don’t be a victim of sexual orientation or gender identity discrimination. Lesbians, gay men, bisexual and transgender individuals can benefit from the expertise of Sidney L. Gold, a nationally-renowned Philadelphia employment attorney, who specializes in all areas of workplace discrimination.

Contact Our Philadelphia Employment Discrimination Attorneys For Help

Contact the Philadelphia employment discrimination lawyers at Sidney L. Gold & Associates to discuss the legal grounds for your potential discrimination claim against your employer for unlawful treatment. Employers who violate human rights based on sexual orientation and gender identity should be held accountable and brought to justice for workplace discrimination against employees solely for their sexual orientation or gender identity. Call us today at 215-569-1999 to speak with an experienced, knowledgeable Philadelphia sexual orientation discrimination attorney.

January 8, 2012 – An employee of Butterball, LLC was continuously subjected to a hostile work environment and subsequently fired because she is HIV-Positive.  The U.S. Equal Employment Opportunity Commission (EEOC) lawsuit alleges that the employee reported the daily harassment to her supervisor, but the workplace harassment continued. The plant manager was aware of the ongoing harassment and called the employees together to discuss the situation. The next day, the plant manager fired the HIV-positive employee.

The Americans with Disabilities Act protects employees with disabilities from being harassed or fired. Targeting a person with an ADA-covered disability, such as AIDS, is a violation of federal law.  The ADA states that employees have the right to work in an environment that is free from harassment and prohibits both harassment and firing of an employee because of a disability. Philadelphia employment discrimination lawyer Sidney L. Gold has extensive experience handling disability discrimination lawsuits.  He and his team of Philadelphia disability discrimination lawyers help victims of employment discrimination, holding employers accountable for their discriminatory practices.

The issue of HIV/AIDS is a sensitive one and there is no excuse for a supervisor to permit brutal workplace harassment of an HIV-positive employee. A National HIV/AIDS Strategy has been implemented by federal agencies which will address and prevent employment-related discrimination against people with HIV. The unlawful termination of this Butterball employee is an example of the type of employment discrimination that the Strategy was created to prevent. Call today to speak with Philadelphia employment discrimination attorney Sidney L. Gold, Esquire to discuss your rights under federal, state and local anti-discrimination laws.

December 5, 2011 – Discrimination against employees who have returned to work after taking a medical leave of absence often causes ongoing emotional distress and mental suffering. Unfair treatment in the workplace, after dealing with physical or mental health issues, can constitute disability discrimination. There is no black and white rule that determines if you have been the victim of disability discrimination. Particular facts of your case will decide if your rights have been violated. A knowledgeable, experienced Philadelphia disability discrimination attorney at Sidney L. Gold & Associates, P.C., can help you determine if your mistreatment at work after a medical leave of absence constitutes disability discrimination.  

Disability discrimination can take many different forms. In some cases, it consists of negative comments about the disability made by managers or executives accompanied by some type of adverse employment action or decision. When an employee with a disability takes medical leave, the American Disability Act (ADA) requires that the employee be allowed to return to his or her job or an equivalent position, unless the employer can show that it would create an undue hardship to do so. While employers can always fire a disabled employee for a legitimate job-related reason, employers cannot fire them because of their disability or as a means to circumvent their legal obligations under the ADA, including the duty to provide reasonable accommodations.

Despite increased sensitivity to physical and mental disabilities, many of America’s workers find themselves to be victims of employment discrimination due to their disability. The Philadelphia employment discrimination attorneys at Sidney L. Gold & Associates, P.C., have decades of experience dealing with all types of discrimination in the workplace, including disability discrimination. If you believe that you may have been the victim of disability discrimination at work, you need an experienced Philadelphia disability discrimination lawyer who can answer all of your questions.  Call Sidney L. Gold & Associates, P.C. today to discuss your disability discrimination matter.