Fighting For Important Causes In State And Federal Courts
Sex or gender discrimination consists of treating an employee, job applicant or anyone seeking access to service differently solely because they are a man or a woman. Pennsylvania law prohibits this type of discrimination, and there are additional protections provided by the Borough of State College, PA. There is a wide variety of ways in which people encounter sex and gender discrimination and ways in which their lives are significantly impacted. With the right legal assistance, you can avoid a situation of this nature.
If you or someone you know is experiencing sex and gender discrimination in State College, PA, contact the law office of Andrew Shubin for a free consultation. With offices located in the Borough of State College, PA, we have an accomplished sex and gender discrimination law practice.
Overview of Sex and Gender Discrimination Claims in Pennsylvania
Sex and gender discrimination is recognized in multiple types of settings where someone can face unequal pay, the glass ceiling phenomenon, pregnancy discrimination, sexual harassment, or parental status discrimination, among other forms of unequal treatment.
Equal treatment is required by law in policies as well as practice in employment and access to government services. Employees are required to treat everyone equally throughout:
- Placement and promotions
- Hiring and job training
- Assignments and working conditions
- Compensation and benefits
- Firing and layoffs
It’s prohibited to make employment decisions based on assumptions, stereotypes, or misconceptions about femininity and masculinity. Examples where sex or gender discrimination occur include:
- Differentiating between sexes in the allocation of employee benefits and privileges.
- Denying a promotion for not appearing as aggressive as co-workers of the opposite sex.
- Instituting policies that have a disproportionate effect between sexes.
- Unequal pay between employees with similar experience and training.
- Promotions denied while less qualified workers of the opposite sex are promoted or have lower expectations imposed.
If you live in the Borough of State College, PA, you have remedies you can seek against your employer based on local ordinances. In addition, you can file a claim with the Pennsylvania Human Relations Commission or, depending on your circumstances, pursue a civil lawsuit. Our skilled team of attorneys can go over your options and lay out a favorable legal strategy depending on the basis of your claim and the losses you experienced.
Common Types of Sex and Gender Discrimination
While discrimination can occur in multiple settings and circumstances, below are some of the most common areas of sex and gender discrimination in Pennsylvania.
Unequal Pay on the Basis of Sex and Gender
The law prohibits discrimination in compensation based on the gender of an employee. Under the Equal Pay Act of 1963, equal pay is required for employees performing the same job. Also, under State College’s Anti-Discrimination Ordinance, employers cannot engage in unequal pay on the basis of someone’s gender or sex.
You may be able to pursue a discrimination claim if you discover that your colleagues are making more money for no legitimate reason. The definition of equal pay is not limited to “take-home” salary because it includes bonuses, incentives, stock options, and other benefits.
The term “glass ceiling” is used to refer to prejudices and biases that prevent qualified women from advancing past a certain point in their career. If you find less qualified coworkers are being promoted, given more training, or offered better jobs, you may have a discrimination claim against your employer.
Pregnant employees are protected against discrimination. There are multiple ways in which the law addresses situations where a pregnant employee is subjected to discriminatory actions. Under the law, pregnancy is considered a temporary disability and appropriate accommodations are warranted under the Americans with Disabilities Act. If you’re pregnant, you’re entitled to accommodations for morning sickness, doctor-ordered bed rest, childbirth recovery, and other conditions related to pregnancy. If you’re pregnant, your employer cannot:
- Deny employment or tell you to come back after you give birth
- Demote you or change the terms and conditions of your employment upon learning that you’re pregnant
- Deny you time off to receive medical treatment
- Treat you differently than other employees with disabilities
- Deny you the same position you had before going on medical leave
Parental or Marital Status Discrimination
Pennsylvania law prohibits employers from making decisions based on assumptions and stereotypes about someone’s parental and marital status. Anti-discrimination protections in the Borough of State College are specific about these cases. Employers cannot treat you differently based on whether you’re single or married, or on whether you have children or not.
You may have a claim for discrimination if your employer is giving more training, offering promotions, or providing work opportunities to employees who are married in relation to single employees, or vice versa. Similarly, whether you have children is no reason to deny you employment opportunities as it can constitute sex or gender discrimination.
Call a Trustworthy State College, PA Sex and Gender Discrimination Lawyer
At the Law Office of Andrew Shubin, we’re skilled at fighting injustices related to sex or gender discrimination. We will uphold and defend your right to equality and will not stand for violations of your civil rights. Our constitutional law practice is known for seeking justice in some of the most complicated cases. Call (814) 826-3586 today to schedule your free consultation.