LGBTQ+ employees in Pennsylvania may be protected by overlapping state, federal, and local laws. The applicable law depends on the employer, the conduct involved, and where the employee works. Mansour Law, LLC represents workers in discrimination claims throughout Allentown and the Lehigh Valley.
Pennsylvania Protections Under the PHRA
The Pennsylvania Human Relations Act prohibits sex discrimination in employment. Current Pennsylvania Human Relations Commission regulations define sex to include gender identity or expression and affectional or sexual orientation. The PHRA generally applies to employers with four or more employees.
Federal Protection Under Title VII
Federal protection comes from Title VII and the U.S. Supreme Court’s Bostock v. Clayton County decision, which held that discrimination because an employee is gay or transgender is discrimination because of sex under Title VII. Title VII generally applies to employers with at least 15 employees.
Local Protections May Provide Additional Options
Allentown and Lehigh County also maintain local human-relations protections. Depending on the employer and facts, a worker may have state, federal, and local filing options. Because these systems have different procedures and deadlines, evaluate the right filing strategy early.
Evidence That May Show Discriminatory Treatment
Discrimination often shows up through patterns rather than explicit admissions. Relevant evidence can include inconsistent performance explanations, different discipline for similarly situated coworkers, comments about sexual orientation or gender identity, exclusion from opportunities, and changes that occur after an employee raises concerns. Keep personal copies of records you are legally entitled to retain, but do not take confidential company materials.
Potential Remedies Depend on the Law and Facts
Available relief can differ under the PHRA, Title VII, and local law. Depending on the claim, remedies may include reinstatement or promotion, back pay, other economic losses, and certain compensatory damages. Federal compensatory and punitive damages are subject to statutory caps based on employer size, while the PHRA follows different remedies and does not provide punitive damages.
Find Out Which Protections Apply
A discrimination claim may involve more than one law and more than one filing deadline. Call Mansour Law’s Allentown office at (610) 321-3538 or use the online contact form to schedule a free case evaluation.
