PHILADELPHIA OPENS UP NEW HORIZONS FOR DISCRIMINATION ACTIONS
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.
As litigation proliferates in this area, the lawyers at Pomerantz Perlberger & Lewis, who have decades of experience in all areas of employment discrimination and civil rights, will be there to represent appropriate clients who have been the victims of such discrimination. If you believe that you or a friend has such a claim call 610-664-3222 now or contact us online.
