Philadelphia Injury Lawyer Blog

The purpose of this post from our Philadelphia employment discrimination lawyers is to inform, advise and reassure you, our potential client at Pomerantz Perlberger & Lewis. In EMPLOYMENT, it is illegal to discriminate on the bases of race, color, religion, national origin, ancestry, age over 40, sex, sexual orientation, disability, marital status or gender identity. Most importantly and for the most part not as well known, retaliation for asserting your rights because you have been a victim of discrimination is illegal. You will need a Philadelphia injury attorney experienced in employment retaliation lawsuits.

Despite the massive amount of information on the web many individuals who have employment issues are confused as to just what can be done to protect his or her rights. Too often, I receive calls from discriminated individuals who have lost their rights because of their fear of retaliation from an employer who violated their Title VII rights.

Fact: If you file a claim through our firm’s auspices and your employer fires you because you have sought legal advice and representation, whether your concerns of discrimination were correct or not you, are protected and have legal recourse.

Employment discrimination law traditionally had been employer-oriented. Simply put, without an employer no jobs would exist and society law has a vested interest in protecting and promoting the interests of the employer.

I can't tell any of you reading this blog how many times over the last 20 years I have had to tell emotionally upset male and female workers (more often sensitive females) that the boss can be a bastard so long as he is a bastard to everyone equally. Should they be able to get away with that behavior? Well they can to a point.

What can you do to get out of this situation? Primarily a sensible alternative is to look for a new position but in this economy prospects are slim, "a bird in hand is worth two in the bush" is a maxim that in these economic times will serve one well to consider.

There is a short-term remedy that can be taken by you if it's just a matter of time until you find other employment. Filing with either the Philadelphia Commission On Human Relations, The Pennsylvania Human Relations Commission or the Equal Employment Opportunity Commission, before any action is taken against you if you feel that your job is threatened. Should there be any RETALIATION for your action of protecting your rights you will have one of the very best discrimination actions available.

Continue reading " PHILADELPHA AND PENNSYLVANIA EMPLOYMENT DISCRIMINATION VICTIMS COULD ALSO HAVE A RIGHT TO SUE FOR RETALIATION " »

The Philadelphia employment discrimination lawyers at Pomerantz Perlberger & Lewis thought it important to share the following important information.

The Philadelphia Commission On Human Relations has published a revolutionary document known as the “Gender Identity Guide”. It can be downloaded and reviewed by going to: http://www.phila.gov/humanrelations/pdfs/Gender_Identity.PDF. In short, a person’s gender expression or identity, which runs afoul of the way management stereotypes its employees, may be discriminatory and actionable – i.e., any adverse action against the employee (e.g., termination, harassment, creation of a hostile work environment and failure to accommodate reasonable needs, including bathroom facilities).

Coupled with the recent legal reinterpretation and qualification of protected Title VII rights relating to gender stereotyping discrimination, it is easy to predict that a whole body of law will emerge in the employment discrimination area. One such case, Prowel v. Wise Business Forms, Inc. (discussed below), already sheds light on the sweeping scope of this cause of action.

In Prowel (No. 07-3997), decided on August 28, 2009, the Third Circuit reversed a district court's granting of summary judgment in favor of an employer on a claim of gender stereotyping discrimination. The claim was brought by an admittedly homosexual employee who alleged he was subject to gender discrimination, retaliation because of his effeminate actions and mannerisms. The Third Circuit stated:

"…every case of sexual orientation discrimination cannot translate into a triable case of gender stereotyping discrimination, which would contradict Congress’s decision not to make sexual orientation discrimination cognizable under Title VII. Nevertheless, as long as the employee — regardless of his or her sexual orientation — marshals sufficient evidence such that a reasonable jury could conclude that harassment or discrimination occurred “because of sex,” the case is not appropriate for summary judgment."

Interpretation of the Gender Identity Guide by the Philadelphia gender discrimination attorneys in our firm lead us to believe that the future will be a slippery slope for those employers who will be displaying conservative emotional responses to those employees who do not appear or act in their stereotypical gender roles.

Continue reading " PHILADELPHIA OPENS UP NEW HORIZONS FOR DISCRIMINATION ACTIONS " »