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Sex Discrimination

Fighting for Fairness Regardless of Gender or Identity

Federal and state laws protect workers from being treated unfairly because of their sex, gender, sexual orientation, or gender identity. Unfortunately, sex discrimination still occurs in all types of workplaces—from office settings to warehouses, hospitals, and retail jobs. Whether you’re being paid less, passed over for promotions, or targeted for harassment, you have the right to a workplace free from discrimination.
We represent employees of all genders and identities who have experienced sex-based discrimination in hiring, pay, promotions, assignments, discipline, or termination. If your employer has violated your rights, we are here to help.

What Is Sex Discrimination?​

Sex discrimination occurs when an employer treats an employee or applicant unfavorably because of:
  • Their sex or gender.
  • Pregnancy or childbirth.
  • Sexual orientation.
  • Gender identity or gender expression.

Sex discrimination includes:

  • Paying someone less for the same work based on gender.
  • Denying promotions or desirable job assignments based on sex.
  • Enforcing gender stereotypes or sex-based dress codes.
  • Terminating employees for gender-nonconforming behavior.
  • Harassment, including offensive comments, slurs, or jokes about sex or gender.
  • Penalizing someone for taking leave related to pregnancy or gender-affirming care.

Legal Protections Against Sex Discrimination​

Several laws protect workers from sex-based discrimination:
  • Title VII of the Civil Rights Act of 1964: A federal law that prohibits discrimination based on sex, including sexual orientation and gender identity, in workplaces with 15 or more employees. It also prohibits sexual harassment and retaliation.
  • Equal Pay Act (EPA): Requires employers to pay men and women equally for equal work performed under similar conditions.
  • Pregnancy Discrimination Act (PDA): Protects workers from being discriminated against due to pregnancy, childbirth, or related conditions.
  • Pennsylvania Human Relations Act (PHRA): A state law that provides similar protections and often covers smaller employers. In some cases, the PHRA provides more favorable procedures and remedies than federal law.

Sexual Orientation and Gender Identity​

In 2020, the U.S. Supreme Court confirmed that discrimination based on sexual orientation or gender identity is a form of sex discrimination under Title VII. As a result, employers may not:
  • Refuse to hire someone because they are gay or transgender.
  • Harass or demean employees for how they identify or present themselves.
  • Punish workers for transitioning or requesting gender-affirming accommodations.
  • Maintain policies that disadvantage LGBTQ+ workers.

Harassment Based on Sex, Gender, or Identity​

Harassment is unlawful when it is severe or pervasive enough to create a hostile work environment. Examples of unlawful harassment include:
  • Unwanted touching or physical advances.
  • Sexually suggestive comments or jokes.
  • Repeated misgendering or deadnaming of transgender employees.
  • Offensive gestures, slurs, or comments about gender roles or identity.
  • Conditioning promotions or work benefits on sexual favors.
If you’ve experienced harassment, or retaliation for reporting harassment, you may have multiple legal claims.

Retaliation Is Also Prohibited​

You have the right to complain about sex discrimination or harassment without fear of retaliation. If your employer punishes you for speaking up—by demoting you, cutting your hours, reassigning you to undesirable duties, or firing you—that retaliation is itself unlawful and may be grounds for an additional legal claim.

You Deserve Equal Opportunity and Respect

No one should have to tolerate discrimination or harassment at work. Our firm is committed to protecting your rights and holding employers accountable. We’ve helped clients recover lost wages, emotional distress damages, and other forms of justice.

If you’ve been mistreated because of your sex, gender identity, or sexual orientation, contact us today. We’re ready to fight for you.

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