Philadelphia Sexual Orientation and Gender Identity Discrimination Lawyers

Sexual orientation discrimination involves treating an employee differently solely based on their sexual orientation — whether gay, lesbian, bisexual, heterosexual, or otherwise. Whether your employer’s perception of your sexual orientation is correct is not relevant.

If your employer believes or perceives you as having a certain sexual orientation — and treats you differently or discriminates against you because of it — your employer may be violating the law. Likewise, if your employer treats you differently based on your gender identity, those actions may also constitute unlawful discrimination in the workplace.

Gender identity refers to an individual’s internal sense of being male, female, a blend of both, or neither, which may differ from the sex assigned at birth. While many people’s gender identity aligns with their assigned sex, transgender and gender-nonconforming individuals’ identities do not.

Transgender is an umbrella term that includes people whose gender identity differs from the sex assigned at birth. Being transgender does not imply any specific sexual orientation — transgender individuals may identify as heterosexual, homosexual, bisexual, asexual, or otherwise. However, discrimination can occur based on an employer’s misconceptions or stereotypes about a person’s gender identity or sexual orientation. As in sexual orientation discrimination, the employer’s perceptions and discriminatory practices based on those perceptions are central to a gender identity discrimination claim.

Federal Protections

Federal law does protect employees against discrimination based on sexual orientation and gender identity. In Bostock v. Clayton County (2020), the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 — which prohibits discrimination “because of sex” — also bars discrimination based on sexual orientation and gender identity.

This landmark decision means employers may not lawfully discriminate against LGBTQ+ employees in any aspect of employment, including hiring, firing, compensation, promotions, or other terms and conditions of employment.

The Equal Employment Opportunity Commission (EEOC) enforces Title VII and has clarified that discrimination, harassment, or retaliation based on sexual orientation, gender identity, or gender expression is unlawful. Federal employees are also protected under Executive Order 11478 (as amended by Executive Order 13087), which mandates equal employment opportunity in the federal workforce without regard to sexual orientation or gender identity.

Note: While Bostock remains controlling Supreme Court precedent, some EEOC administrative guidance has been subject to ongoing litigation. Nonetheless, the fundamental protections under Title VII are firmly established nationwide.

What Are State Protections in Philadelphia?

Pennsylvania law provides comprehensive protection. In 2023, the Pennsylvania Human Relations Commission (PHRC) confirmed that the Pennsylvania Human Relations Act (PHRA) prohibits discrimination based on sexual orientation, gender identity, and gender expression. This ensures that workers across the state are protected, regardless of whether their city or county has its own nondiscrimination ordinance.

Many municipalities in Pennsylvania, including Philadelphia, were among the first to adopt local nondiscrimination ordinances covering LGBTQ+ workers before the PHRC clarified statewide protections.

Why Choose The Gold Law Firm P.C.?

Our respected Philadelphia employment lawyers advocate for individuals experiencing discrimination based on sexual orientation and gender identity. Our attorneys possess the knowledge and experience to guide clients through the complex legal and jurisdictional issues involved in these claims.

Federal, state, and local laws in both Pennsylvania prohibit discrimination based on sexual orientation and gender identity in employment. These protections cover all aspects of the workplace, including recruitment, hiring, firing, promotions, benefits, compensation, job training, assignments, and other terms and conditions of employment.

What Are Other Possible Legal Claims?

In addition to federal, state, or local sexual orientation or gender identity discrimination claims, you may have recourse under other areas of employment law or workplace torts, such as:

• Interference with an employment contract
• Negligent or intentional infliction of emotional distress
• Sex discrimination
• Sexual harassment
• Wrongful termination

What Are Examples of Sexual Orientation and Gender Identity Discrimination?

Illustrations of unlawful discrimination include, but are not limited to:

• You are denied benefits for your same-sex partner because your company’s health insurance plan only covers spouses and families of married heterosexual employees.
• Your employer fires you based on a belief about your sexual orientation, whether or not that belief is accurate.
• You are treated differently once your employer learns you are gay, bisexual, or transgender.
• You are harassed by comments or jokes about your appearance, clothing, or mannerisms, which affect your ability to perform your job.
• Your employer denies you promotions, benefits, or rewards — or subjects you to harsher discipline — based on your sexual orientation or gender identity.
• You are terminated after disclosing plans related to gender transition.
• You are disciplined or sanctioned for wearing clothing consistent with your gender identity.

Contact Our Philadelphia Sexual Orientation and Gender Identity Discrimination Lawyers at The Gold Law Firm P.C.

If you believe you are the victim of sexual orientation or gender identity discrimination in the workplace, call The Gold Law Firm P.C. today at 215-569-1999 or contact us online for a consultation. We understand the rights and remedies available to you under federal, state, and local law. We are located in Philadelphia and Pennsauken, New Jersey.