Category: Discrimination

Is There a Transgender Wage Gap?

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Philadelphia Employment Lawyers at Sidkoff Pincus & Green Fight Workplace Discrimination.

Transgender workers earn nearly a third less than their cisgender coworkers, despite having similar levels of education and experience, a recent study shows.

The United States has more than 2 million workers who identify as transgender, so earning less impacts a significant number of working adults. Researchers with McKinsey & Company in 2021 reported transgender workers receive 32 percent less in pay than those who are doing the same job and are equally qualified.

The lack of equal pay is a serious problem for many transgender employees and may violate respective state or federal laws against discrimination.

Wide Pay Disparity for Transgender Workers

Virtually all workers who comprise the LGBTQ+ community say they are paid significantly less than their equally qualified and experienced counterparts. A recent study done by the HRC Foundation shows they are paid about 10 percent less than other workers, on average.

While 10 percent is a significant amount, it is much less than the 32 percent pay discrepancy among transgender workers. The disparity suggests transgender employees are among the least valued and lowest-paid workers regardless of their experience, education, and qualifications.

Majority of Transgender Employees Feel Excluded

The McKinsey report says more than half of transgender employees say they are not comfortable while at work. Many say they stay silent during work meetings and generally avoid socializing with coworkers.

The relative isolation of transgender employees makes it much harder for them to contest pay disparities orto simply feel included and respected while at work. Self-isolation will not help, but that often is a symptom of the workplace discrimination that occurs against transgender employees.

A lot of transgender employees say they do not feel as supported by employers as other employees. When they get paid nearly a third less than their equally qualified and experienced counterparts, the income disparity contributes to the feeling of alienation and a lack of support.

Pay Disparity Contributes to Transgender Poverty Levels

A darker side of the apparent pay disparity is its economic effect on transgender employees. Transgender people in general suffer high rates of poverty with about 22 percent living at or below the federal poverty level.

When paid almost a third less than others with similar experience and qualifications, the potential for impoverishment becomes much greater. Fortunately, you can fight pay discrimination and enforce your equal rights as a transgender employee when you retain an experienced employment attorney.

How to Fight Pay Discrimination?

Federal and many state laws say it is a type of sex discrimination to pay someone less due to gender identity. Pennsylvania and New Jersey laws ban discrimination based on gender identity, including lower rates of pay.

If you identify as transgender and are receiving less pay than your counterparts, you should retain an experienced employment lawyer to help uphold your rights. Your attorney can review your situation and help you to build a strong case that shows your employer is discriminating against you based on your gender identity.

There are steps that you must complete before a federal or state-level lawsuit could be filed. Those include filing a discrimination complaint with the federal Equal Employment Opportunity Commission.

When the commission affirms discrimination has occurred, employees can file lawsuits against their employers or other offending parties.

Philadelphia Employment Lawyers at Sidkoff Pincus & Green Fight Workplace Discrimination

If you are experiencing workplace discrimination of any kind, the Philadelphia employment lawyers at Sidkoff Pincus & Green can help to uphold your rights. You can call 215-574-0600 or contact us online to schedule an initial consultation at our Philadelphia law office. We represent clients who throughout Pennsylvania and New Jersey.

Are Algorithms Not Showing Equal Job Opportunities to Men and Women?

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The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green, P.C. Fight Against Sex and Gender Discrimination in Employment.

The days of searching the newspaper classifieds for open positions are long gone: potential employees now use sites such as Indeed, LinkedIn, Craigslist, and various social media platforms. But each one of the online job sites and social media sites are controlled by artificial intelligence-based algorithms. These algorithms ultimately control the specific jobs you will see when doing a search. There has been a question as to whether the algorithms are changing the results of job queries based upon the searcher’s gender. A new study by the University of Melbourne has shed some light on this real phenomenon in a report titled “Ethical Implications of AI Bias as a Result of Workforce Gender Imbalance.”

Women Are Not Being Shown Certain Job Ads and Listings

The data found in the study indicate that when job seekers use job sites and perform search queries, specific jobs will not be shown to job seekers who have identified as female. When male and female candidates perform the same job search query, specific high-paying jobs are shown to the male candidates but not the female candidates, even though the candidates have the same or similar qualifications.

This problem is most prevalent in high-paying technical jobs that have traditionally been male-dominated, which is believed to be one of the causes of biased AI algorithms. This can skew search results for women when they are performing searches for open positions in these industries.

Gender Bias in Algorithms Are Attributable to Humans

The gender bias that is found in AI algorithms are not caused by the algorithms themselves, but the gender bias that humans already have. Our own bias in encoded into the system due to the various datasets that the algorithms use. The University of Melbourne study found that human recruiters, on average, consistently rank female candidates lower in qualifications for finance jobs, technical jobs, and data analyst positions. The rankings were not even close to financial industry positions where female candidates were ranked four places lower than male candidates, even though each candidate presented with essentially the same qualifications on their resumes.

Surprisingly, the study also found that there was minimal difference in the rankings of candidates between male and female recruiters. So, it did not matter if the recruiter was male or female, they all consistently ranked women candidates lower than male candidates for jobs in certain industries.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green, P.C. Fight Against Sex and Gender Discrimination in Employment

If you believe you have experienced discrimination in the workplace or in hiring practices, you need to contact a knowledgeable and skilled employment law attorney to get your questions answered. Our Philadelphia employment lawyers at Sidkoff, Pincus & Green, P.C. have decades of experience in successfully fighting for the rights of women and other protected classes that suffer from employment discrimination. Call us at 215-574-0600 or contact us online to schedule a consultation at our Philadelphia law office. We represent clients in South Jersey and throughout Pennsylvania and New Jersey.

How to Fight a Racist Work Environment?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Represent Clients Experiencing Racial Discrimination and Equality at Work.

Racial discrimination is an ongoing global issue affecting every area of life, including the workplace. The problem of workplace racism can be addressed if corporate leaders commit to identifying and correcting racial discrimination within the policies, processes, leadership, and staff, among other avenues. As organizations are making conscious efforts to improve diversity, equality, and inclusion, eliminating racism is a crucial starting point.

What Does Racism Look Like in the Workplace?

Racism in any environment can take many forms, including in the workplace, but some overall examples of workplace racism include:

  • Direct: Racial discrimination directly at one individual specifically due to their race, resulting in unfair treatment, demoted or denied promotions, not being allowed to interface directly with clients, and more.
  • Indirect: Racial discrimination through the employer’s policies or decisions that put individuals of a particular race at a disadvantage, specifically due to their race. Discrimination in those form could be policies such as a ban on certain types of headwear or hairstyles that directly affect employees of certain races.
  • Harassment: Derogatory comments, insults, threats of physical harm or employment consequences, and any other comments and behavior directed at a worker due to their race, creating a hostile work environment. This can be on behalf of the employer, supervisors, managers, coworkers or clients and frequently disrupts the targeted employee’s ability to successfully complete their work tasks.
  • Retaliation: Unfair or hostile treatment, demotion or denial of promotion, or unlawful termination in retaliation for submitting a race-related complaint or violation against an employer, coworkers, supervisors, or others.
  • Discipline: Non-white races of workers receiving more rules or more frequent or increased disciplinary actions, and scrutiny or criticism than their white counterparts.

What Are Some Ways to Combat Racism in the Workplace?

Excellence in leadership cannot be accomplished without proactively addressing racism in the workplace. Addressing diversity, equality, and inclusion can be complex and challenging, but must be handled properly and swiftly.

Tackling racism in the workplace benefits not only workers of any race, but business owners and businesses in general. Institutionalized racism is intertwined into organizations, processes, and systems that today that require ethical businesses to scrutinize and ultimately make true and positive changes. Actions toward eliminating racism in the workplace include:

  • Analyze and gather data: To begin making changes, businesses first need to investigate, analyze, and understand the forms of racism prevalent in the workplace and to the ethnicities disproportionally affected. Such diversity data should include the ethnicity of disciplined workers, ethnic make-up of teams at every level of seniority, and the pay gaps of different ethnicities and genders.
  • Be accountable: Approach racism with a commitment toward making positive change, which includes business owners and leaders holding themselves accountable and transparent, and conveying that to staff.
  • Examine processes: Revisit policies and processes regularly, and especially following a racist incident and what aspects of the culture permitted the incident. For many businesses, recruitment and line management tend to have discrimination and bias aspects, conscious or unconscious, that can be corrected, along with management education on unconscious bias.
  • Educate and train: Educating and training all staff members to understand and recognize racism is crucial to the success of removing it from the workplace and processes. Management teams must understand and apply equality, diversity, and inclusion in their everyday experiences and be able to educate and tackle racism within their teams.
  • Study systemic racism: Racist incidents at work often fall on the shoulders of the employee blamed. However, culpability typically falls on others within the business or the business itself, such as what policies or processes allowed the incident to happen in the first place. Racism in the workplace should be viewed as a symptom of the systems in place, and therefore change the systems.
  • Query the staff: One of the best methods of understanding what forms of racism exist in the workplace is to listen to the groups who are experiencing discrimination, do not disregard complaints, and ask employees how they can be better supported.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Represent Clients Experiencing Racial Discrimination and Equality at Work

If you are experiencing racial discrimination in your place of employment, our knowledgeable and experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. will help you fight for the equality you deserve and hold your employer accountable for the incidents of racism. Call us at 215-574-0600 or contact us online to schedule an initial consultation. We are located in Philadelphia and serve clients throughout Pennsylvania and New Jersey.

Are LGBTQ+ Workers’ Rights Protected?

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The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Workers Facing Discrimination.

Thanks to a 2020 U.S. Supreme Court ruling, it is illegal for a Pennsylvania employer to fire someone for being gay or transgender. The Supreme Court ruled that civil rights laws governing employment discrimination include protections for workers in the LGBTQ+ community. This ruling had a significant impact in Pennsylvania, where workers previously did not have such protection.

The Supreme Court interpreted Title VII of the 1964 Civil Rights Act to extend employment protections to LGBTQ+ people. This law has always prohibited discrimination based on race, religion, national origin, and sex. The court then determined that the definition of “sex” includes gender identity and sexual orientation.

LGBTQ+ Pennsylvanians have been trying for decades to be protected against employment discrimination. More than 50 municipalities, including Philadelphia and Pittsburgh, have had ordinances that protect LGBTQ+ people, but the result was a mishmash of laws, where a gay or transgender person could be fired in one city but not in another.

In addition, state employees are protected from discrimination based on sexual orientation because of an executive order by Gov. Milton J. Shapp in 1975. Another executive order in 2003 by Gov. Ed Rendell included protections for transgender state employees as well.

Pennsylvania’s nondiscrimination law, the Human Relations Act, does not specifically protect employees based on gender identity or sexual orientation. Like the federal law, it simply says that a person cannot be discriminated against based on sex.

Pennsylvania’s hodgepodge of LGBTQ protection laws no longer exists. With the Supreme Court’s most recent ruling, firing someone based on gender identity or sexual orientation violates civil rights law anywhere in Pennsylvania and across the nation.

With the Supreme Court’s ruling, companies, especially those who operate in multiple states such as Pennsylvania and New Jersey, must amend their policies to uniformly include protections for gender identity and sexual orientation. New Jersey’s nondiscrimination laws have included sexual orientation as a protected class since 1991, and gender identity since 2006.

What Should I Do if I Am Discriminated Against in Pennsylvania?

Employment discrimination occurs when a current or former employer takes an adverse action against you based on race, color, national origin, gender, religion, age (if over 40), disability, sexual orientation, or gender identity.

An adverse employment action could be:

  • Termination.
  • Demotion.
  • Not getting promoted.
  • Pay or benefit reduction.
  • Transfer to a new department or region.
  • Decrease in responsibilities.
  • Adverse performance reviews.

A Pennsylvania employee who believes their gender identity or sexual orientation is the reason for an adverse employment action must follow these steps to file a complaint:

Step One

You must first file a complaint of discrimination with either the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC) within 180 days of the adverse employment action. If the agency you file with believes the other agency would better handle your complaint, it will cross-file your complaint with the other agency.

Step Two

The agency that receives your complaint will assign an investigator to the claim. You and the employer will complete questionnaires. The investigator may follow up with phone calls or meetings for more information. The agency can mediate between you and your employer. If it cannot facilitate an agreement, it will decide whether to file a lawsuit in court against the employer on your behalf.

Step Three

If the agency decides to file a legal claim on your behalf, it will file the lawsuit and work with you throughout the legal proceedings.

If the agency decides not to file a lawsuit against the employer on your behalf, the agency will send you a “right-to-sue” letter. This letter gives you the authority to file a federal or state court claim. If this letter is from the PHRC, you must file a claim in court within two years. If it is from the EEOC, you have 90 days from the date of the letter to file a claim in Court.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Workers Facing Discrimination

Any employee who feels they may have been discriminated against should contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We can review the facts of your case and counsel you on the best next steps. For an initial consultation about your case, contact us online or call us at 215-574-0600. Located in Philadelphia, we serve clients throughout Pennsylvania, South Jersey, and New Jersey.

Am I Protected From Retaliation by My Employer?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Employees Who Have Experienced Workplace Retaliation.

Every employee has the right to a workplace that is free from retaliation. Retaliation occurs when an employer acts negatively against an employee who has engaged in a legally-protected activity, including the following (not an exhaustive list):

  • Filing a discrimination claim, whether related to sexual, racial, religious or other discrimination.
  • Submitting an internal complaint of discrimination, including an informal and/or verbal complaint.
  • Questioning whether certain decisions or conduct of the employer are unlawful.
  • Discussing the employer’s practices with other employees.
  • Supporting a colleague’s discrimination or retaliation claim or internal complaint.
  • Requesting medical or maternity leave or a disability accommodation
  • Acting as a whistleblower.

What Is Employer Retaliation?

An employer actions can be considered retaliatory if they are motivated by the employee’s legally-protected actions. Examples of unlawful employer retaliation include:

  • Suspending, terminating, or demoting the employee.
  • Reducing an employee’s salary or benefits/eliminating benefits.
  • Refusing to promote the employee.
  • Issuing a negative performance review that is not accurate.
  • Disciplinary actions, such as probation or warnings.
  • Transferring the employee to a different department or area.
  • Harassing the employee.
  • Creating an uncomfortable work environment.
  • Starting rumors or gossip about the employee.
  • Writing up the employee for insubordination or other claims.

Protection Against Workplace Retaliation

Many different laws, federal and state, protect employees against retaliation. Workers who experience retaliation will go through their state’s Equal Employment Opportunity Commission (EEOC) for claims pursuant to the following.

Title VII of the Civil Rights Act of 1964

Protects employees from discrimination based on race, color, national origin, sex, and religion.

Fair Labor Standards Act

Makes it unlawful to discharge or discriminate against any employee because of filing a complaint or being willing to testify on a complaint.

Occupational Safety and Health Act

Protects employees who make workplace safety and health complaints.

Americans with Disabilities Act

Protects workers with disabilities in the workplace against discrimination or retaliation.

National Labor Relations Act (NLRA)

Gives rights to workers organizing, trying to form, join, or assist labor organizations to bargain as a group, and to engage in activities together with other workers. The anti-retaliation protection of the NLRA gives employees broad protection regardless of whether there is a union in the workplace.

Age Discrimination in Employment Act (ADEA)

Protects workers against age discrimination in the workplace.

On a state level, the Pennsylvania Human Relations Commission (PHRC) handles retaliation claims pursuant to:

  • Pennsylvania Human Relations Act (PHRA): The PHRA is a law that covers employment discrimination against workers by their employers for certain illegal reasons. The state enacted the law because workers who are not given equal employment opportunities may not reach their fullest potentials or enjoy the standards of living that they should. When people who have protected statuses suffer employment discrimination and are not given equal opportunities, they may then be forced to access public welfare.

Local laws can even protect workers. For example, Philadelphia’s Fair Practices Ordinance (PFPO) protects employees from discrimination and harassment based on their sex, sexual orientation, and gender identity.

What Can I Gain From a Retaliation Legal Claim?

An employee who has experienced employer retaliation should contact an employment lawyer. They may be entitled to recover compensation for their losses, including:

  • Lost wages and benefits due to being out of work (both past and future).
  • Curtailed career advancement opportunities.
  • Emotional trauma, humiliation, embarrassment, pain and suffering.
  • Reinstatement of lost position or benefits.
  • Attorneys’ fees and costs.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Employees Who Have Experienced Workplace Retaliation

Retaliation against employees for whistleblowing or other reasons is illegal. If you feel your rights have been violated, contact our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We help employees get fair and just compensation under the law. For an initial consultation, contact us online or call us at 215-574-0600. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

 

 

 

Former Employee Sues Behavioral Health Company

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Employees Who Have Been Wrongfully Terminated.

Allegations of Wrongful Termination Based on Her Age and Requests for Reasonable Accommodations

A Pennsylvania woman filed a lawsuit in the Western District of Pennsylvania against a behavioral health company alleging discrimination and unlawful termination. According to the complaint, the plaintiff, 61, worked as an outpatient treatment reporting screener for 21 years. She was diagnosed with anxiety and depression after her mother’s death, and requested reasonable medical accommodations at that time, including a two to three month medical leave. Upon her return on a part-time basis, she claims she became the target of harassment, receiving criticism for the quality and speed of her work and an increased workload.

The plaintiff submitted reasonable accommodation paperwork from her doctor requesting a lesser workload. Her request was denied without her employer providing any legitimate reason why. Shortly thereafter, she was given a written warning requiring her to perform an “unreasonable” amount of job duties for a part-time position, including a quota of 20 to 25 inquiries per day, returning all phone calls and covering for absent co-workers. She met with her supervisor and HR about the situation, and again requested accommodation to temporarily decrease her workload, but her request was again denied.

After the meeting with her supervisor and HR, the plaintiff received a follow-up email, stating she was now required to complete 20 to 25 complex inquiries or up to 60 less complex inquiries per day. She emailed both parties about the higher quota, but received no response, court documents state. The plaintiff informed her employer that her doctor had approved her to return to work full-time. However, before she was allowed to return to work full-time, she was terminated for allegedly failing to meet performance expectations. In addition to disability discrimination and retaliation, the plaintiff claims she was terminated because of her advanced age.

The lawsuit claims her employer violated the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act and the Pennsylvania Human Relations Act. The plaintiff is seeking the defendant to promulgate and adhere to a policy prohibiting discrimination and retaliation against employees; provide back pay, reinstatement and benefits; punitive and/or liquidated damages; other equitable and legal relief as the Court deems appropriate; and attorney’s fees.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Employees Who Have Been Wrongfully Terminated

If you believe that you were wrongfully terminated from your job, the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can assist you with these matters. To schedule an initial consultation, call us at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

 

What Are Reasonable Accommodations for Disabled Employees?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients Entitled to Reasonable Accommodations in the Workplace.

Employers are required to make reasonable accommodations to allow employees with disabilities the ability to perform their job duties successfully. A disability is legally defined as having a physical or mental impairment, a record of a physical or mental impairment, or regarded as having a physical or mental impairment that substantially limits one or more bodily functions or major life activities.

The Americans with Disabilities Act (ADA) provides disabled persons federal civil rights protection from discrimination, and it provides equal opportunity for employment and requires employers to make reasonable accommodations for employees with disabilities in businesses with 15 or more employees.

Reasonable accommodations are changes to the job description, application process, or workplace for disabled individuals to apply for a position and the ability to perform essential job duties. Some examples of reasonable accommodations include:

  • Changes to the make the workplace more accessible, such as installing ramps and elevators and providing accessible bathroom facilities for employees who use a wheelchair or walker.
  • Altering or adding necessary equipment to allow a disabled employee to successfully perform their job duties, such as computer programs that convert text to speech for the blind and videophone communication for the deaf.
  • Modifications to the work schedule for the disabled and employees with chronic medical conditions to accommodate for medical appointments and the flexibility to complete work at alternate times or locations.
  • Reassigning a disabled employee to a more suitable open position, if qualified, should the employee’s disability prevent them from performing the duties in their current job.
  • Adjusting policies to allow service animals in the workplace.
  • Providing handicapped parking or providing a reserved parking space closer to the building for an employee unable to walk long distances.

Requesting Reasonable Accommodations

If you require an accommodation that is not already provided for your job, you must request one and you will need to disclose the nature of your disability. Making an ADA request for accommodation does not have to be in writing unless you prefer to do so, but you must inform your employer that you require an accommodation due to the medical condition.

Written requests are typically submitted to both your supervisor and the company’s Human Resources (HR) department and should include that you are requesting a reasonable accommodation under the ADA.

Following your request, your employer may choose to grant it or work together with you to find a suitable alternative. While employers are required to meet the needs of their employees, however, they may not be required to provide an employee’s first choice of accommodation. Keep in mind that employers may request medical documentation from your provider in cases of disabilities with no physical presentation.

Employers are not required to make reasonable accommodations if doing so would impose an undue hardship to the business’s operation and is determined on a case-by-case basis. Undue hardship may be applicable if the accommodation would require significant difficulty or expense in relation to the business size, available resources, and the type of business operation.

Unfair Accommodations

There are also certain items that are not considered reasonable accommodations that employers are not required to implement, such as:

  • Eliminate a primary responsibility of the job.
  • Lower standards of production that apply to all employees.
  • Provide personal items, such as hearing aids, eyeglasses, and the like.
  • Excuse violations of conduct rules that apply to all employees, such as violence or threats of violence, theft, or destruction of property, and is permitted to discipline a disabled employee the same as any other employee.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients Entitled to Reasonable Accommodations in the Workplace

If you believe your employer has wrongfully denied your requests for a reasonable accommodation to allow you to successfully complete your job responsibilities, our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help. Call us today at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we proudly serve clients throughout New Jersey and Pennsylvania.

What Are Reasonable Accommodations for Disabled Employees?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients Entitled to Reasonable Accommodations in the Workplace.

Employers are required to make reasonable accommodations to allow employees with disabilities the ability to perform their job duties successfully. A disability is legally defined as having a physical or mental impairment, a record of a physical or mental impairment, or regarded as having a physical or mental impairment that substantially limits one or more bodily functions or major life activities.

The Americans with Disabilities Act (ADA) provides disabled persons federal civil rights protection from discrimination, and it provides equal opportunity for employment and requires employers to make reasonable accommodations for employees with disabilities in businesses with 15 or more employees.

Reasonable accommodations are changes to the job description, application process, or workplace for disabled individuals to apply for a position and the ability to perform essential job duties. Some examples of reasonable accommodations include:

  • Changes to the make the workplace more accessible, such as installing ramps and elevators and providing accessible bathroom facilities for employees who use a wheelchair or walker.
  • Altering or adding necessary equipment to allow a disabled employee to successfully perform their job duties, such as computer programs that convert text to speech for the blind and videophone communication for the deaf.
  • Modifications to the work schedule for the disabled and employees with chronic medical conditions to accommodate for medical appointments and the flexibility to complete work at alternate times or locations.
  • Reassigning a disabled employee to a more suitable open position, if qualified, should the employee’s disability prevent them from performing the duties in their current job.
  • Adjusting policies to allow service animals in the workplace.
  • Providing handicapped parking or providing a reserved parking space closer to the building for an employee unable to walk long distances.

Requesting Reasonable Accommodations

If you require an accommodation that is not already provided for your job, you must request one and you will need to disclose the nature of your disability. Making an ADA request for accommodation does not have to be in writing unless you prefer to do so, but you must inform your employer that you require an accommodation due to the medical condition.

Written requests are typically submitted to both your supervisor and the company’s Human Resources (HR) department and should include that you are requesting a reasonable accommodation under the ADA.

Following your request, your employer may choose to grant it or work together with you to find a suitable alternative. While employers are required to meet the needs of their employees, however, they may not be required to provide an employee’s first choice of accommodation. Keep in mind that employers may request medical documentation from your provider in cases of disabilities with no physical presentation.

Employers are not required to make reasonable accommodations if doing so would impose an undue hardship to the business’s operation and is determined on a case-by-case basis. Undue hardship may be applicable if the accommodation would require significant difficulty or expense in relation to the business size, available resources, and the type of business operation.

Unfair Accommodations

There are also certain items that are not considered reasonable accommodations that employers are not required to implement, such as:

  • Eliminate a primary responsibility of the job.
  • Lower standards of production that apply to all employees.
  • Provide personal items, such as hearing aids, eyeglasses, and the like.
  • Excuse violations of conduct rules that apply to all employees, such as violence or threats of violence, theft, or destruction of property, and is permitted to discipline a disabled employee the same as any other employee.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients Entitled to Reasonable Accommodations in the Workplace

If you believe your employer has wrongfully denied your requests for a reasonable accommodation to allow you to successfully complete your job responsibilities, our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help. Call us today at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we proudly serve clients throughout New Jersey and Pennsylvania.

Can a Company Forbid Dating in the Workplace?

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dating at workplace

Some employees find a romantic partner in the workplace. Employees already share a lot in common working in the same area and may have to collaborate on several projects. Yet, employers may not be very receptive to their employees dating one another. However, can they prevent employees from dating? The answer depends on the company and the policies it has in place. In some cases, employers will have workplace dating policies to avoid future liability should the romantic relationship dissolve and become contentious, possibility even leading to sexual harassment claims.

Some of the main reasons that your employees may object to you dating in the workplace include:

  • Efficiency can fall when employees focus on pursuing one another rather than the tasks at hand, along with coworkers being distracted by the ongoing courtship.
  • Protection issues could arise if the relationship becomes turbulent.
  • Sexual favoritism could be an issue if one of the employees is in a management position or power of authority.
  • Sexual harassment claims could arise if one of the partners is in a supervisory position.
  • Damage to reputation can occur, particularly between a supervisor and a subordinate.

Having a Safe Work Environment

Title IV of the Civil Rights Act of 1964 safeguards employees from discrimination based on race, color, national origin, religion and/or sex. Employers need to provide a safe and discrimination-free environment, which also means that favoritism could be misconstrued as discrimination. Extreme sexual favoritism in the workplace can also lead to a hostile work environment.

It should be noted that the Equal Employment Opportunity Commission (EEOC) states that workplace relationships could be viewed as sexual favoritism and defines the limits between what is allowed and what is prohibited. The type of sexual favoritism they are referring to occurs when there is a sexual or romantic relationship between two employees with the courtship benefiting the partners in the romance, while also adversely affecting a third party’s employment. The EEOC states that favoritism could cultivate a hostile work environment.

Employers should have clear policies on dating in the workplace and have appropriate rules for reporting violations. Employers can also restrict this type of sexual favoritism on the job by enforcing rules that restrict dating between supervisors and their subordinates. If an employee feels that they are in a hostile work environment due to extreme sexual favoritism, they may have legal options available to them.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Help You if You Are Working in a Hostile Work Environment

If your employer is not abiding by policies and you feel you are in a hostile work environment due to sexual favoritism, our knowledgeable Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

  Category: Discrimination
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What Tips Should Business Owners Know for the Holidays?

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business owners

The holidays are here, and this time of year is busy for everyone. If you own a business, you should be aware of potential holiday-related legal issues. The holiday season is a great time to make profits, but you may see possible legal problems arise as well. The following tips will help your business stay profitable and in legal compliance during the holidays.

Track Inventory

Track inventory, as last year’s sales could provide an outline on what will sell during the holidays. Know your customers, and make sure that your shelves are stocked with products.

Make Necessary Updates

Businesses should utilize an array of current and advanced platforms that will help with handling tasks, like accounting, billing, collecting customer data, and presenting and automating business transactions. There are several apps on the market to keep track of sales, purchases, and receipts.

Formulate a Holiday Strategy

Utilize emails and social media to discuss holiday sales. Consider employing an ad campaign to promote your businesses products and services. Ad campaigns and promotions should also be utilized on major search engines.

Record customer data to make them aware of future sales and promotions. Employ a campaign that offers a discount in exchange for an email address to develop an email list.

Maintain Your Momentum

A successful holiday season can help impact your sales all year. Being organized and recording analytics relating to your customers can help you retarget them in future ad campaigns. Being organized will also help you avoid business litigation and other issues.

What Are Potential Holiday Legal Issues?

Important legal issues that business owners should be aware of during the holiday season include:

  • Fraud: You can employ several strategies to mitigate return fraud by not offering cash refunds for purchases, not accepting returns of online purchases in-store, and restricting your return period to avert items being returned weeks or months after purchase.
  • Discrimination: Title VII of the Civil Rights Act of 1964 requires employers to reasonably accommodate an employee’s religious practices. To avoid potential discrimination, employers who give workers time off for one religious holiday should allow other employees who practice a different faith time off for their religious holidays as well.
  • Unpaid wages: The holiday season is a busy time, and some employers may not pay their workers for overtime. Make sure you are keeping track of everything and complying with overtime laws.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Make Sure That You Are in Legal Compliance This Holiday Season

If you have any holiday-related legal concerns at your business that you wish to address, our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. can help. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and Pennsylvania.