Workplace sexual orientation discrimination is illegal in New Jersey, and the Pennsylvania Human Rights Commission has interpreted sex discrimination as including sexual orientation discrimination. If you have been discriminated against at your job in Pennsylvania or New Jersey based on your sex, you might want to get help from the attorneys at Swartz Swidler.
Sexual orientation discrimination
Sexual orientation discrimination occurs when an employee is treated differently because of his or her sexual orientation. While federal law does not expressly prohibit sexual orientation discrimination, the Equal Employment Opportunity Commission has interpreted Title VII to prohibit sexual orientation discrimination. There is a split among the federal courts about whether sexual orientation is protected under federal law.
The New Jersey Law Against Discrimination expressly prohibits sexual orientation discrimination. The Pennsylvania Human Relations Commission issued guidelines that sex discrimination includes sexual orientation.
Sexual orientation discrimination lawsuits
Before you can file a lawsuit in some cases, you may need to file an administrative complaint with an administrative agency. Once you have met those requirements, you may be able to file a lawsuit in court. The attorneys at Swartz Swidler understand the filing requirements for sexual orientation discrimination complaints and can help to guide you through the process.
If you file a charge with the EEOC for sexual orientation discrimination under Title VII, you will need to wait before you file a lawsuit. Charges must be filed with the EEOC within 180 days of the discriminatory act. The EEOC will then investigate the claim and decide whether discrimination happened. If it decides that it did, then the EEOC may try to mediate the case for you or give you a notice of your right to sue. If you receive a notice, you can then file a lawsuit in court. If you file a charge with your state’s administrative agency for discrimination, you must file it within 300 days of the discriminatory act.
Why getting help from Swartz Swidler is important
Sexual orientation discrimination cases can be complex. When you have the help of an attorney from Swartz Swidler, he or she can help to guide you through the process to try to reach a favorable resolution for you. Contact us today for a free evaluation of your claim.
