Pennsylvania Gender Discrimination in Employment: 15 Types You Need to Know About
MKO Employment Law LLC: A Premier Pittsburgh, Pennsylvania Employment Law Firm
Pennsylvania Gender Discrimination in Employment: 15 Types You Need to Know
Gender discrimination refers to any distinction, exclusion, or restriction made on the basis of gender that has the effect of impairing or nullifying the recognition, enjoyment, or exercise of human rights and fundamental freedoms. There are several types of gender discrimination, including:
- Direct discrimination: This occurs when an individual is treated less favorably than others because of their gender. For example, a female job applicant may be rejected for a job even though she is qualified, while a less qualified male candidate is hired.
- Indirect discrimination: This type of discrimination occurs when a policy or practice that appears neutral on the surface has a disproportionate impact on one gender. For example, a company may require all employees to work full-time, which may have a disproportionate impact on women who have caregiving responsibilities.
- Harassment: This refers to any unwanted conduct related to gender that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. Examples of harassment can include unwanted sexual advances, lewd comments, or offensive jokes.
- Intersectional discrimination: This occurs when an individual is discriminated against because of a combination of two or more characteristics, such as gender, race, or religion. For example, a Muslim woman may face discrimination because of both her gender and her religion.
- Stereotyping: This refers to making assumptions or generalizations about an individual based on their gender. For example, assuming that women are not as capable as men in certain fields or that men are not as nurturing as women.
Pay discrimination: This occurs when an employer pays employees of one gender less than employees of the other gender for the same work. For example, if a female employee is paid less than a male employee for doing the same job with the same qualifications and experience, it may be considered pay discrimination.- Glass ceiling: This is a type of discrimination that refers to the invisible barriers that prevent women from advancing to higher positions in the workplace. This may include a lack of access to opportunities for advancement or promotion, or being passed over for promotions in favor of less qualified male colleagues.
- Maternity or paternity discrimination: This occurs when an employer treats an employee unfairly because of their pregnancy, childbirth, or related medical conditions. For example, an employer may deny a pregnant employee the opportunity to take time off work, or refuse to provide reasonable accommodations to a breastfeeding mother.
- Gender-based violence: This includes any act of violence or abuse that is committed against an individual based on their gender. This can include workplace agressions or abuse, sexual assault, domestic violence, or harassment.
- Dress codes: This is a type of gender discrimination that can occur in schools, workplaces, and other settings where dress codes are enforced. Often, these dress codes are more restrictive for women than for men, and may require women to wear clothing that is uncomfortable or impractical.
- Promotion discrimination: This occurs when an employee is denied a promotion or advancement opportunity because of their gender. For example, a woman may be passed over for a promotion in favor of a less qualified male colleague.
- Unequal pay: This refers to the practice of paying employees of one gender less than employees of the other gender for the same work. This can occur even when employees have the same qualifications, experience, and job duties.
- Job segregation: This occurs when certain jobs or positions are dominated by one gender, often to the exclusion of the other gender. For example, men may dominate leadership roles in a company, while women are primarily employed in administrative or support roles.
- Recruitment discrimination: This occurs when an employer intentionally or unintentionally discriminates against candidates based on their gender during the hiring process. For example, a job advertisement may use language that is more likely to attract male candidates, or an interviewer may ask female candidates questions about their marital status or plans for having children.
- Retaliation: This refers to any negative actions taken against an employee who has reported or opposed gender discrimination in the workplace. For example, an employer may demote or terminate an employee who reports harassment or discrimination, or may create a hostile work environment for that employee in retaliation.
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After dispensing thousands of legal consultations to potential clients, I can easily say it’s my favorite part of my practice. My guidance, even if I can’t accept them as a client, helps people immeasurably in figuring out what to do and how to move forward with their lives. I make a measurable impact every single day on many people. Who else can say that about their job? I love it. Call me. – Michael Kraemer, Esq.
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Gender Discrimination Attorney Practice Areas
How does federal law protect different gender expressions?
In the United States, gender identity and expression are protected under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of sex. This has been interpreted by courts and the Equal Employment Opportunity Commission “EEOC” to include discrimination based on gender identity and expression, as well as sexual orientation. The Supreme Court of the United States has also ruled in Bostock v. Clayton County (2020) that discrimination against employees on the basis of their sexual orientation or gender identity is a form of sex discrimination and is therefore illegal under Title VII.
How does the law in Pennsylvania protect different gender expressions?
In Pennsylvania, the law protects individuals from discrimination based on their gender identity or expression through the Pennsylvania Human Relations Commission “PHRC”. In 2018, the Pennsylvania Human Relations Act was amended to add gender identity and expression as a protected class, meaning that employers are prohibited from discriminating against employees based on their gender identity or expression.
How does the law in Pittsburgh, PA protect different gender expressions?
In Pittsburgh, PA, gender expression and identity are protected under the City’s anti-discrimination laws and enforced in party by the Pittsburgh
Commission on Human Relations “PghCHR“. The City of Pittsburgh’s Fair Practices Ordinance ((Chapter 659.02) protects you from illegal discrimination because of your age (for persons over 40 years), ancestry, color, disability, gender identity or expression, national origin, race, religion, sex, and sexual orientation.) prohibits discrimination on the basis of gender identity and expression, as well as sexual orientation, in employment, housing, and public accommodations. This means that it is illegal for employers in Pittsburgh to discriminate against employees or job applicants based on their gender identity or expression.
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“Providing you a path forward in your life, career, and recovering the compensation you deserve.™”
MKO is a “boutique firm” which means that we focus on a niche area and offer highly specialized services to clients who are looking for the personal touch within our area of expertise: Employment Law. Boutique law firms are not a general practice or one-stop legal shop, and that’s a good thing. You need one good attorney who knows the ins and outs of the area of law that’s relevant to your case. Look for a law firm that primarily practices the area of law that you need. If that’s all they do, chances are, they do it very well. We see each legal dispute as an opportunity to find a fair and equitable resolution without destroying your reputation, resume, job prospects, income, and if avoidable, not subjecting you, your family, friends, and former coworkers to unnecessary, highly invasive, time consuming, stressful, and ultimately public litigation. MKO, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™” Confidentiality is key, for everyone. Are you a victim? MKO’s employment lawyers are always available for the clients. You can contact us anytime for a case assessment and evaluation.
Ten Reasons You Want MKO As Your Employment Counsel
1. Focused Employment Law Practice
MKO is a “boutique law firm” which means that we concentrate on this niche area and offer highly focused employment law services to clients who are looking for the personal touch. Boutique law firms are not a one-stop legal shop, and that’s a good thing. While a long roster of diverse legal services may look impressive on paper, it’s fairly pointless in practice. You need one good attorney who knows the ins and outs of the area of law that’s relevant to your case. Look for a law firm that only practices in the area of law that you need. If that’s all they do, chances are, they do it very well.
2. Technology Driven & Experts in the Cloud
We provide immediate legal consultations, operate a paperless law firm, use advanced cloud storage, digital signatures, electronic forms, and can review your documents using screen share technology instantaneously. MKO is technologically savvy, nimble, flexible, and efficient.
We are not confined to our office, chained to a desktop computer, or burdened with IT maintenance. Thanks to the smart use of technology we can focus on providing our clients with the best representation possible. By streamlining our practice we can focus on what our clients hire us to do – advocate on their behalf and work diligently toward a desired result.
3. Legal Advice Instantly From The Comfort of Home
MKO can provide superior legal services through adaptive use of new technology and provide the majority of legal assistance while you are comfortably working from your home. It just also happens it's better, easier, and faster for our clients - they really appreciate it. We seamlessly and interactively collaborate with you in a relaxed environment where you have all of your files in your immediate control. We find this is the absolute best way to provide legal advice to our clients on complex legal issues, hands down.
The old style of coming into our office with binders of disjointed and unsearchable paperwork, of which we to organize and figure out on the fly, is incredibly wasteful, time-consuming, inefficient, and not highly productive. Because of our integration with technology, we are ready to work with you on highly intricate matters on a moments notice, no matter where you (or we) are.
4. Discreet When Necessary
While many cases require that we go to court to seek justice, there are a substantial number of disputes that need to be handled discreetly. We see each legal dispute as an opportunity to find a fair and equitable resolution without destroying your reputation, resume, job prospects, income, and if avoidable, not subjecting you, your family, friends, and former coworkers to unnecessary, highly invasive, time consuming, stressful, and ultimately public litigation. MKO, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™”
Confidentiality is key, for everyone.
5. Experience, Professional, & Integrity
Through representing and managing thousands of employment situations, rest assured there is help or a path forward for your situation. For example, Partner Christi Wallace has personally represented over 1000 clients and has managed hundreds more for associates that worked for her in just her first 10 years!
6. Highly Responsive Attorneys
We always get the question, "If I choose to have you represent me, will it be difficult for me to get in touch with you?"
Absolutely not, we even make ourselves available to clients beyond our normal business hours! Further, when you call us your attorney answers, not a secretary who puts you on hold for 20 minutes, then tells you that you can leave a voicemail for your attorney. Besides the MKO office phone number, our clients can contact their attorney via mobile, SMS & texting, business email, and an urgent emergency email. For example, we can often respond to a text message in just a few minutes. Experience a better, faster, and more efficient way to work with an attorney. MKO believes that clients can and should depend on the fact that we’ll respond quickly.
7. Attorneys Available 74+ Hours Per Week
Employment Attorneys are available at least 74 hours per week by phone, email, and text messaging. Don't be fooled by marketing, many law firms are using non-attorney 3rd party answering services and advertising "Phones Answered 24 Hours A Day, 7 Days A Week." We pick up our own phones, respond to our own emails and text messages, and use real attorneys, 74+ hours per week.
M-F 7am-7pm
Sat/Sun 8am-3pm
8. Practical Advice From Seasoned Professionals
MKO strongly believes that every situation is distinctly unique and therefore we must endeavor to find the right solution for that particular issue. Because we are a boutique employment law firm, we strive to find unique and innovation solutions for our clients in every circumstance. We take action when necessary, put together deals when possible, and work with our clients so we can be creative and find smart solutions instead of needless litigation. We want to protect your interests now and in the future.
9. Contingency Representation
Contingency Legal Representation is where you do not have to pay your lawyer up front. This is fantastic if you are offered this option. Lawyers and litigation costs are incredibly expensive if you pay hourly. With contingency representation, you are not faced with large legal bills and expenses that are daunting and causes slow downs while waiting for a retainer to be replenished. Further, when you're offering to pay anyone up front and hourly, it seems they'll take almost any case - so long as they are getting paid. Funny how that works. Here's how we help:
- People can afford an attorney. – Without the benefit of contingency, it would be very difficult for a person who was recently separated from their job to afford an employment lawyer.
- MKO only gets paid if there is a recovery. – We put our money where our mouth is, if we don't get a recovery, you don't owe legal fees and costs.
- Contingency representation says something about your case. – Considering MKO only will get paid if there is a recovery, you can assume we like to cases that we believe have merit.
- Helps people can move on with their lives – Instead of racking up debt to pay for legal help, our contingency representation lets you move on with your life as we deal with the legal stuff. This is exactly what MKO stands for, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™"
10. Keeping Costs Low To Focus On Your Case
Our clients understand that their representation is are far more important than an expensive address. Some law firms might be battling an extremely burdensome and large cost overhead. In other words, to survive, they may need to be a "factory firm" or "volume practice" that needs to process a vast amount of cases to be able to afford their superfluous costs, expenses, and overhead. We aggressively keep costs down so we can focus on you.
Don't want to be treated like an account number, a settlement figure, or a wheel that needs to be turned to keep the law firm getting paid? We keep our costs low and use this financial freedom for our clients best interests.
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Hours Open Every Week
Clients & Cases Managed
Wrongful Termination
We help people fired, or soon to be fired, when they have been treated unfairly, illegally, or unjustly.
Employment Discrimination
Race, religion, gender (including pregnancy, childbirth, and related medical conditions), orientation, disability.
Professional Exit Strategies
Remove yourself from a toxic workplace or help with a job loss. Lawyers give you an exit strategy.
Medical Accommodations
Employees needing physical or mental health/wellness accommodations are protected.
Disability Discrimination
Many health conditions can be considered disabilities and are legally protected including retaliation.
EEOC or PHRC Agencies
Aggressive lawyering in the state and federal agencies can mean quick, quiet, and lucrative resolutions.
Age Discrimination
For those over 40 years old (but older is preferred) that experience bias based on your age.
Sexual Harassment
A range of actions from mild transgressions to sexual abuse or sexual assault. A highly serious offense.
I trusted Mr. Kraemer with a rather difficult period of time for my family, and we came out on top. He is trustworthy and honest, incredibly helpful, and understanding. Five stars aren’t enough! Him and his staff are well experienced, and won’t let up until the truth is known and justice is served. Michael, it’s been a pleasure. I hope I never need your services again! If I do, I will not hesitate to give you a call.
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Halfway to legal help. If you don't get paid, neither do we. All you need to do is call MKO!
Employment Law Ready✔ ™
Michael Kraemer was the only lawyer who took my case and would be the only lawyer I’d rely on. He kept me informed and was very intellectual on the whole subject that my case was revolved around. I give Mr. Kraemer a 10 out of 10 and I would refer him and his associates to anyone who wants a well defined lawyer.
Wrongful Termination & Discrimination Questions
To Ask During Your Free Lawyer Consultation
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=What does an employment discrimination, wrongful termination lawyer do?
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=Do I need an employment lawyer, what options do I have?
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=Can a employment attorney really help my case, even if I still work there?
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=When should I hire an employment law firm?
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=Is discrimination, illegal conduct, and severance negotiations that common?
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=How do you retain an employment attorney and is it really this easy?
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=How do I know when I need an employment lawyer?
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=When should I address discrimination at the office?
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=What is my case worth?
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=Do I have a retaliation, wrongful termination, or discrimination case?
