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.

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.

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.

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.

Our lawyers are also currently representing a medical student, suffering from a disability, who was given a failing grade based on an erroneous perception that he was a drug addict due to the effects of medication he took to treat his disability.  That claim is presently pending with the United States Department of Education, Office of Civil Rights.

If you believe that you been a victim of disability discrimination by your school, or if your school has failed to provide you with the appropriate accommodations for your disability, contact the Philadelphia disability discrimination attorneys at Sidney L. Gold & Associates.  We are available to review the facts of her case and to determine if you have a valid claim against your school for violation of the federal, state or local discrimination laws or the Rehabilitation Act and/or the Americans with Disabilities Act.

In this lawsuit, plaintiff Purolite International Ltd. claimed that defendant Thermax Ltd. set out to hire Purolite employees who knew or had access to Purolite’s proprietary chemical technology and sales information. Allegedly, the workers would then accumulate valuable confidential information related to the development, production and sale of ion exchange resins, resign from Purolite, and go to work for Thermax, bringing Purolite’s trade secrets with them.  Purolite, the trading name for Bro-Tech Corp., named as defendants three of Thermax’s high-ranking executives as well as the four former Purolite employees who left in 2005 to work for Thermax. Under the terms of the settlement, Thermax agreed to pay $38 million to Purolite — in four equal installments of $9.5 million — by the end of 2010.  The two companies have also agreed they will be joint owners of the disputed intellectual property.

Serving as one of the lead attorneys for Purolite, Sidney L. Gold provided his renowned expertise in employment law and his 28 years of experience as a skilled litigator in private practice in PA, NJ, NY and Delaware.  For more information on this case, contact Sidney L. Gold & Associates, Philly’s Employment Law attorneys.

In a recent press release, the EEOC claims that in 2009 the Director of Human Resources began the endeavor to remove older workers by involuntarily reassigning employees over the age of 50 to less desirable jobs.  The EEOC alleges this was done to pressure such employees to retire.  According to the EEOC, such actions are in violation of the Age Discrimination in Employment Act. 

The Age Discrimination in Employment Act of 1967 (ADEA) is a Federal law that protects certain employees who are over 40 years of age from employment discrimination based on age. The ADEA makes it unlawful to discriminate against an employee or job applicant because of his/her age with respect to any term, condition or privilege of employment, such as hiring, firing, promotion, transfer, layoff, compensation, benefits, job assignments and training. The ADEA applies to most employers with 20 or employees, including state and local governments, employment agencies and labor unions, as well as to the federal government.

Many states and cities have enacted their own laws prohibiting age discrimination. Local anti-discrimination laws, such as the Pennsylvania Human Relations Act (PHRA) and the Philadelphia Fair Practices Ordinance, have provisions in place to protect employees from age discrimination in the workplace. Likewise, the New Jersey Law against Discrimination (LAD) makes discriminatory employment practices based on age unlawful. The particulars of an age discrimination claim under the federal anti-discrimination law (ADEA), including who may file, time limitations and remedies available, may differ from a claim filed under an applicable state or city’s anti-discrimination law. This requires an attorney specializing in employment law and knowledgeable about the filing of age discrimination claims.

The Philadelphia lawyers of Sidney L. Gold & Associates, P.C., represent clients in the states of PA, NJ, NY and Delaware. We have the experience and expertise necessary to determine the validity of an age discrimination claim under federal and local laws, to file and pursue all appropriate discrimination claims and to recover all remedies and/or monetary compensation available under the applicable laws. If you think you’ve been the victim of age discrimination in the workplace, contact Philadelphia employment law attorney Sidney L. Gold immediately to discuss your rights. Call our office at 215-569-1999 today to speak one of the nation’s top age discrimination lawyers.

Mr. Gold is a prominent Pennsylvania employment law attorney, specializing in all aspects of employer/employee relations, including employment contracts, sexual harassment, wrongful termination, whistleblower and retaliation matters,  severance packages, Family and Medical Leave Act issues and all types of employment discrimination such as race, sex, religious, pregnancy, sexual orientation, gender identity and age discrimination.  Successfully litigating countless employment law matters of notable legal importance and interest, Mr. Gold has set himself apart from other attorneys, winning extraordinary results for his clients; establishing himself as a respected litigator, mediator and educator and well-recognized expert in his field; and earning his acceptance into the Million Dollar Advocates Forum and many other prestigious acknowledgments, awards and memberships.  If you are in need of an experienced, knowledgeable Philadelphia employment law attorney, call the law offices of Sidney L. Gold today at 215-569-1999 to learn more about  how Mr. Gold can provide you with outstanding legal representation for your employment law matter. 

Sexual orientation discrimination in the workplace involves treating an employee differently solely based on sexual orientation – whether homosexual, heterosexual or bisexual. Whether or not your employer’s perception of your sexual orientation is accurate, if your employer believes you have a certain sexual orientation and discriminates against you because of it, then you are a victim of sexual orientation discrimination. Similarly, if your employer treats you differently based on your “gender identity”, then you are the victim of gender identity discrimination. “Gender identity” is your self-conception as being male or female, as opposed to the gender “assigned” to you at birth based on physical or genetic characteristics. While most persons’ gender identity and biological characteristics are the same, a transgender person’s gender identity does not match his or her “assigned” gender.” Transgender individuals include transsexuals, transvestites and androgynes.

Sidney L. Gold is a nationally-renowned Philadelphia employment attorney, experienced in all areas of workplace discrimination, including sexual orientation discrimination and gender identity discrimination.  He provides knowledgeable, compassionate legal representation upon which you can rely when you are victimized by your employers’ unlawful treatment. Call Sidney Gold today to discuss the facts of your potential discrimination claim and to understand your rights under the law. 

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