Category: Discrimination

How can Schools Prevent Gender Identity Discrimination?

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Gender Identity Discrimination

Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, expands upon prohibited forms of discrimination under Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, the Immigration and Nationality Act, and the Fair Housing Act. Additionally, the executive order reestablished the transgender rights policy that was published in 2016 by the Department of Education and the Department of Justice. Educational institutions must not discriminate and treat transgender students any differently.

Executive Order 13988 expands the categories for prohibited sex discrimination, including gender identity, expression, and sexual orientation discrimination. It states that children should have the ability to learn in school without having to worry if they will not be allowed to use locker rooms or restrooms or be allowed to play on school sports teams.

The protections also apply to school administrators and staff. The order also states that adults should not have to fear being mistreated, demoted, or fired for not conforming to sex-based stereotypes. Every person is entitled to equal treatment under the law, and this should not be any different based on their gender identity or sexual orientation. Educational institutions and school district leaders must frequently review their policies and procedures to make sure that the rights of transgender students and employees are being protected.

To prohibit any type of discrimination, the first step would be to review anti-discrimination and harassment policies. Schools need to ensure that their locker room and restroom access policies provide the same access for all students and employees consistent with gender identity. Anti-harassment and discrimination training programs also need to be enforced.

How Do I Report a Title IX Violation?

All members of educational communities have to comply with Title IX regulations and Executive Order 13988, from students to faculty to administrators. Anyone who witnesses or is otherwise impacted by behaviors or events that could be construed or perceived as sexual or gender harassment, discrimination, assault or misconduct is required to report it.

Institutions and school districts should have their own procedures for reporting Title IX violations, with steps for reporting and resolving the complaints. Having a supportive process that allows people to report discrimination and be treated fairly is essential, and this fair treatment also applies to those who are accused to protect their rights. Complaints and the accused can both be individuals or groups. Internal investigations of the allegations are required by law and must be conducted in a timely, thorough manner.

Designating a staff member, such as the head of the Human Resources (HR) Department, to serve as the institution’s Title IX coordinator is helpful. A coordinator can help ensure consistency for reporting procedures and investigations. This person can work with other staff members to monitor the environment for any situations that could be viewed as discriminatory.

Other staff members can be involved by joining committees organized to set up anti-discrimination and harassment training, to design new, inclusive programs, and to conduct follow-through on complaints of alleged discrimination. Groups can also be organized to rewrite the policies and share the information with staff and students.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Schools Remain Compliant With Anti-Discrimination Policies

Staying compliant with Title IX and other anti-discrimination policies is the safest way to protect students and staff. If you are encountering problems with harassment or a flawed anti-harassment policy, contact a Philadelphia employment lawyer at Sidkoff, Pincus & Green P.C. Complete an online form or call 215-574-0600 for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

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Can Employers Ask Job Applicants About Salary History?

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Salary-History

Applying for a job can be a long and difficult process. Many job seekers will respond to dozens of job posts weekly, hoping one will call back and offer an interview. After weeks and possibly months of waiting, one sticking point can ruin chances: salary expectations.

While most employers are legally allowed to ask candidates about their past salaries, there is a growing movement to stop this uncomfortable practice. Many states have passed laws to bar the question. A study published last year by researchers at Boston University and Boston University School of Law has shown that this shift has helped black and female workers, often suffering from pay gaps, to garner more compensation.

This debate has become increasingly important, as millions wait to re-enter the workforce following massive layoffs from the Coronavirus (COVID-19) pandemic. Many are leaving low-paying jobs in customer service and trying to find more lucrative positions. As companies compete to fill these roles, asking about salary history will face increased scrutiny.

Where Have Legislators Banned Salary History Questions?

Since 2017, there has been a trend of legislatures prohibiting or dissuading employers from asking job applicants to disclose their previous salaries. Some of these states include:

 

  • Alabama
  • California
  • Colorado
  • Connecticut
  • Delaware
  • District of Columbia
  • Georgia
  • Illinois
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • New Jersey
  • New York
  • North Carolina
  • Oregon
  • Pennsylvania
  • Virginia

 

 

In addition to some form of statewide bans, cities like Philadelphia, New Orleans, Salt Lake City, and Louisville have enacted local laws to keep employers from asking about salary history. It is recommended that job applicants inform themselves about what the laws are when applying in certain places, especially when considering moving to a different state or metro market.

Why Do Salary Histories Matter?

Employers have used salary histories in the past to discriminate and exclude certain candidates and potentially save money by offering less salary than what is budgeted. This practice has also been cited as a major factor in maintaining and furthering the pay gap between races and genders. Disclosing a below-market wage would likely encourage future employers to continue undervaluing a worker, offering a less significant pay increase with a new position.

What can Applicants Do to Avoid Salary History Questions?

There are a few ways to work around the question if applicants are uncomfortable. When responding to an online post, leave the entry blank if not required, or enter $0 or $1 if an entry is needed. During an interview, there are tactful ways to avoid answering or politely refusing. If the position is in an area where the question is banned, it should not be asked at all.

More job postings now include salary ranges. A great way to avoid the question is to know what is expected in the industry or position. Noting what someone at a rival company makes can help when salary is not disclosed. Applicants are encouraged to ask employers during the interview process about salary if not provided upfront.

If disclosing salary voluntarily, do so if comfortable. If moving to a larger market with a higher cost of living, it might help to determine if the position offers fair value. Also, do not lie about previous salaries. Employers can usually spot that easily and will likely dismiss dishonest applicants. For further help, it is important to speak to a lawyer.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Clients with Employment-Based Predicaments

Job seekers have enough to worry about without dealing with illegal and underhanded practices by potential employers. Sometimes, it takes a skilled advocate to help resolve issues. The Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. have the experience to fight for your rights. Call us at 215-574-0600 or contact us online for an initial consultation. Based in Philadelphia, we proudly serve clients throughout Pennsylvania and New Jersey.

Can a Business Owner Sue a Customer for Posting a Negative Review?

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Nowadays, posting an online review about a business is easy. The consumer simply shares their experience on social media platforms. While many consumers use these platforms to post positive reviews about companies, unhappy or dissatisfied customers will also share their negative experiences. These reviews can be very helpful to other prospective customers because it helps them to discard unprofessional companies. However, poor reviews can ruin a company’s reputation. When a review is untrue, the business owner may be able to sue the customer for defamation. An experienced business lawyer can review the details of the case and determine whether the business owner has grounds for a lawsuit.

According to a Pew Research Center study, 82 percent of adults say that they read online reviews at least some of the time. Customers have every right to post their opinions online about whether or not they were happy with their experiences with businesses. However, when the comments are factually inaccurate or untrue, there may be grounds for a defamation lawsuit.

What is the Best Way to Respond to a Negative Review?

Even if a negative comment qualifies as defamation and the business owner ultimately pursues a defamation lawsuit, the following are effective strategies that business owners can use to handle negative reviews:

  • Request to remove the negative comment. The business owner may contact the owner of the website and request that the factually inaccurate and defamatory comments be removed. It is important to keep in mind, however, that the owner of the website is not legally obligated to remove the negative review.
  • Post a constructive response. One of the best ways to address a negative review is to post a thoughtful and gracious response. Respond to the specific issues that were brought up in the review, and inform the customer that proactive steps are being taken to address the problem and ensure that it does not happen again.
  • Generate positive online reviews. When products and services are consistently strong, customers are more likely to post positive reviews. Businesses should always strive to provide excellent goods and services to their customers.

There is a right way and a wrong way to respond to a negative review. The following are examples of what not to do when a customer posts a negative online review:

  • React too quickly. After reading a negative comment, it may be tempting to respond immediately. However, if the response is negative and was made in the heat of the moment, it can make the situation worse. Take some time to calm down before responding, and put together a response that is measured and professional.
  • Ignore the comment. Despite being difficult to read, business owners should not ignore or disregard negative comments because they are critical or disparaging. Consider whether there is any truth behind the comments; it may be an opportunity to make some changes or improvements going forward.
  • Retaliate against the reviewer. This can cause problems in the future for a business owner, particularly if they plan to proceed with a defamation lawsuit.

Strategic Lawsuit Against Public Participation

A strategic lawsuit against public participation (SLAPP) lawsuit is a civil complaint or counterclaim that a business owner can file against an individual or an organization who posted a negative online review. Oftentimes, filers do so in order to protect an economic interest as well as their professional reputation.

However, before filing a SLAPP lawsuit, it is important for business owners to understand that Pennsylvania has passed anti-SLAPP laws that prevent individuals or businesses from censoring critics with the threat of a lawsuit. For help understand the legal options after a negative business review, it is beneficial to speak to a business lawyer.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Assist Business Owners with Defamation Lawsuits

If a customer posted a negative review about your company and the comments were unfair or untrue, the Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. will help you seek compensation for the loss of customers and income caused by the false statements. For an initial consultation, call us at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

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National Coffeehouse Chain Reaches Settlement Over Racial Bias in Promotions

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In March 2021, Starbucks entered into a voluntary agreement with the Equal Employment Opportunity Commission (EEOC) over accusations of racial bias in the promotion of employees. While there were no singular cases or incidents pointing to this accusation, the company did submit a new plan for promoting internally. The standardized methods will mandate managers to follow company procedures in the hiring of new employees and the promotion of existing ones. Workers must apply to open positions, internally or externally, to be considered for roles.

Starbucks has been embroiled in race-related controversy before. In 2020, employees raised concerns over censorship of allowed messages with their uniform. The corporation has acknowledged past failures and claims they will strive to do better, including the revision of hiring practices to promote company-wide diversity.

What can Constitute as Bias in Hiring and Employment?

Federal law says employers are not allowed to discriminate against employees or job applicants based on:

  • Race
  • Color
  • Religion
  • Gender or gender identity
  • Sexual orientation
  • Pregnancy status
  • National origin
  • Age
  • Disability

The primary concern in the Starbucks complaint is the implicit bias often linked to informal hiring practices. While some workers will inevitably stand out for superior work performance, oftentimes, offering a new hire or moving an existing employee up the ladder can require a judgement call.

To mitigate this implicit bias, Starbucks has taken away much of that autonomy and will now regulate and track application data and promotional opportunities, establish new training and interview guides for hiring managers, who will be encouraged to make merit-based and equity-based decisions in their process. The company does have more diversity at the retail level compared to the corporate level.

How are Bias Allegations Handled?

The EEOC tries to keep current and prospective employees from experiencing bias by offering preventative measures, including educational programs, employer outreach programs, and technical assistance. The commission operates 53 field offices across the United States.

Despite all the resources available and the established laws, there are still instances where job applicants and employed workers feel they are being discriminated. The EEOC will cover most companies with 15 or more employees, 20 or more in the case of age discrimination, along with unions and employment agencies. They handle claims involving:

  • Hiring
  • Firing
  • Promotion
  • Harassment
  • Training
  • Wages
  • Benefits

A worker bringing a claim to the EEOC can expect the commission to investigate the claim fairly and accurately. The commission will make a finding and attempt to resolve if discrimination has occurred. In some cases, the EEOC will file a lawsuit if the issue is not corrected, the actions are particularly egregious, or if there is a wider concern that affects more employees beyond the company in question. To strengthen a claim, a discriminated worker should speak to a lawyer.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Workers with Discrimination Cases

Despite state and federal laws, many employees continue to experience discrimination at work. If you need help with your discrimination case, the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help you get the relief you deserve. Call us at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

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How Do Employers Defend Discrimination Claims?

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There are federal and state laws in place that protect employees from discrimination and harassment. Companies who face discrimination suits can defend against the claims if they have taken all the reasonable steps needed to prevent employees from committing acts of discrimination or harassment. However, a plaintiff in a recent court case, Allay (UK) Ltd v Gehlen, challenged an employer using that defense and succeeded. Of course, this ruling is not precedential here in the US, but it has value to highlight how courts may be starting to alter their views on workplace discrimination.

In the United Kingdom, an employee who was fired for poor performance informed their employer that they experienced workplace harassment. The employer initiated an investigation and determined that a colleague had made racist remarks. The discrimination claim was investigated further, and the tribunal learned that two managers knew about the comments but did not take action.

It was found that the managers and employees had been provided with discrimination training, but the training program was outdated. Since the employer had failed to update their training, the Employment Appeal Tribunal decided that the company did not take all of the reasonable steps that could have prevented the harassment. The employer’s appeal was therefore dismissed.

When are Employers Liable for Workplace Harassment?

Under the Equality Act 2010, an employer has accountability for other people’s actions in workplaces, which is called vicarious liability. Section 109 of the Equality Act specifies that anything that an employee does in their course of their employment must be looked at as also done by the employer. Even when the employer is unaware of the discrimination, they can still be held liable. This also extends to other people that the employer brings in, such as consultants, company-sponsored events, and unwelcome posts on work-related social media platforms.

Can My Employer Defend Against My Discrimination Claim?

Even though employers can be held vicariously liable in workplace discrimination suits, they have the option of trying to show that they took reasonable steps to prevent the discrimination. Employers that have strong anti-discrimination procedures and policies that are kept in practice may be able to defend their interests. They may also need to show that staff members have been trained on preventing and addressing discrimination and that they take all discrimination allegations seriously.

How Do State Anti-Discrimination Laws Apply?

In Pennsylvania, employees are also protected by state and federal laws. The Pennsylvania Human Relations Act protects employees by making it illegal for employers to discriminate based on:

  • Race
  • Religion
  • Sex
  • Color
  • National origin
  • Age

There are other protected categories as well. Workplace discrimination claims can be filed through the Equal Employment Opportunity Commission (EEOC), which is a federal agency, or the Pennsylvania Human Relations Commission (PHRC), the state administrative agency. These two cooperate with claim processing, so it is not necessary to file with both; you can also dual-file with both. Deciding which agency is best to file the initial claim is something an attorney can help with.

To conform with the laws, the claims must be filed within 180 days after the alleged discrimination took place. There may be exceptions to that deadline, so it is important to understand the facts before filing. A qualified employment lawyer can help with the claim filing process, as well as any challenges that the employer might make.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Work Tirelessly to Protect Employees Against Workplace Discrimination

If you believe you were harassed or discriminated against at work, you may have a legal claim. A Philadelphia employment lawyer at Sidkoff, Pincus & Green P.C. can help you with your discrimination or harassment case. Complete our online form or call us at 215-574-0600 for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

What is Political Workplace Discrimination?

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Discussing Salary

A recent social media post has sparked controversy online. An alleged posting stated that a company is seeking job applicants that are not liberal. The business is looking for someone who is logical and reasonable and went on to say that liberals do not represent what the company is looking for. Whether or not this post is legitimate or fake, it does raise an important question; can an employer refuse to hire or fire someone based on their political beliefs? In some instances, an employee does have legal protections.

It is common today to see political tensions online, at home, or even in the workplace. Political conversations may lead to heated debates, and an employee may feel as though they are subject to termination in the workplace for their political beliefs. The extent of protection against political discrimination depends on if the employer is a private or public entity.

Are There Federal Laws Against Political Discrimination?

As of now, there are no federal laws that protect workers from political discrimination since political views do not belong to a protected class. Under Title VII of the Civil Rights Act of 1964, employers are prohibited to discriminate employees based on their race, sex or gender, age, national origin, disability, or another protected characteristic. Political views do not fall within a protected class, but it may be connected to one. For example, if an African American employee goes to a Black Lives Matter movement and they are fired, they may argue that they were wrongfully terminated because they belong to a protected class. Additionally, an at-will employer may fire a worker at any time without notice. In this case, an employee may not even be aware of the reason for their termination.

What if It is a Private Business?

Many workers may wonder whether political discrimination violates First Amendment rights. The First Amendment allows freedom of speech and protects political and religious views, but only from government action. Some employees in the public sector may argue that their First Amendment rights were violated; however, employees who work for private employers are likely not eligible to make this argument.

Many states and private employers protect their employees’ political activism and views as long as it does not adversely impact the workplace. For example, if a worker is soliciting co-workers or handing out political pamphlets, it may cause division and tension. Employees should also be mindful about social media posts. If the posts violate company policies or raise implications, they may be subject to termination.

What Should I Do if I Have a Discrimination Claim?

Employees should keep in mind that intent and the extent of their political activities will largely impact a claim for discrimination. There must be concrete evidence of discrimination, and this may be difficult to prove. If a worker belongs to the public or private sector, it will greatly affect a claim as well. Since there are many complexities, it is imperative that an employee speaks to an employment lawyer about their legal options. A lawyer will thoroughly evaluate their client’s case and determine the best course of action.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Workers Against Unlawful Discrimination

Employees have rights in the workplace, and their political views may be protected in some cases. Proving political discrimination can be difficult, but a Philadelphia employment lawyer at Sidkoff, Pincus & Green P.C. can help you with your case. Depending on the specifics, a discrimination claim might be valid. Complete our online form or call 215-574-0600 for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

What are My Rights for Mental Health in the Workplace?

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Mental health discrimination in the workplace is unethical and illegal, and workers with mental illnesses have protection under the law. Despite this, mental health discrimination in the workplace persists. The problem is that this type of discrimination is difficult to prove or even detect. Mental health discrimination in the workplace will generally take one of three forms:

  • Discriminatory actions, such as:
    • Being excluded from travel or other events because of phobias
    • Not being given assignments that could aggravate anxiety
    • Being demoted or overlooked for a promotion due to mental illness
    • Being fired for using company time for doctor visits, therapy appointments, hospital stays, or doctor-advised time off
    • Being demoted for taking time off to care for a family member with a mental illness
  • Harassment, such as:
    • Being mocked by co-workers or superiors, whether by oral, written, or physical means, such as gestures that relate to the mental illness
    • Overhearing derogatory terms or names
  • Retaliation can happen when a worker with mental illness reports the discrimination or takes action to end the discrimination. It could take the form of:
    • Exclusion from meetings or projects after reporting the discrimination to Human Resources
    • Verbal harassment or bad performance reviews by a superior related to the discrimination complaint
    • Not receiving a promotion or raise, or given a different job or title after a discrimination complaint
    • Being moved to a different location in the department after making a complaint

What are My Rights Regarding Mental Health in the Workplace?

Federal and state laws protect workers with mental illnesses or who take care of family members with mental illnesses. These laws include the following:

  • Americans with Disabilities Act (ADA): This Act protects workers with physical or mental disabilities in companies with 15 or more employees. The ADA states that employers cannot treat someone with a mental illness differently from others in the same job. Specifically, an employer should not use a mental health diagnosis in decisions related to training, promotion, transfers, discipline, lay-off, termination, and pay.
  • Fair Labor Standards Act (FLSA): Among other things, the FLSA makes it unlawful for an employer to pay a person with a mental illness less than a person without a mental illness performing the same job duties. The Department of Labor has mental health toolkits to help employers comply with federal labor laws related to mental health in the workplace.
  • Equal Opportunity Employment Commission (EEOC): This federal agency enforces fair workplace practices, including those for mentally ill workers. Employees can report mental health discrimination, unfair labor practices, and related workplace issues to the EEOC to take their case to the federal level.

Must Employers Comply with Reasonable Accommodations?

Both the ADA and the EEOC allow employees to ask for reasonable accommodations at work to address their mental illness. It requires an employer to comply with the requests as long as they do not result in business hardship or violations. Reasonable accommodation requests may include having a support dog at work, working from home, being placed in a quiet area, or being allowed to wear headphones to drown out noise.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Victims of Mental Health Discrimination

Discrimination against employees with mental illness is illegal. Employees who care for family members with a mental illness also have rights under the law. If you feel your rights have been violated, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We help employees with mental illnesses obtain fair and just compensation under the law when they are victims of discrimination in the workplace. 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.

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What are the Current 2021 Workplace Litigation Trends? 

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Workplace Litigation Trends

With 2021 well underway, experts and forecasters are busy predicting what the year will bring in terms of political changes, economics, and public arenas, like workplaces. Naturally, the pandemic has impacted every facet of life. This and other factors are currently influencing current 2021 workplace litigation trends.

How has COVID-19 Affected Workplace Litigation?

Industries will be affected differently as the pandemic continues. Some companies have faced claims that they violated COVID-19 workplace safety regulations, and there have been cases with employers attempting to retaliate against employees for speaking out about violations. Other businesses have had legal issues pertaining to staff, including rehiring furloughed workers, layoffs, and retaining talent.

Leave and remote work conflicts are also becoming common issues. Employers must be careful when choosing who can return to work, as this could lead to discrimination claims. It is also important to keep up with government safety recommendations and to communicate these to all employees in a timely fashion. Companies that provide the vaccine to employees can use this to retain and attract talent; however, requiring employees to show proof of vaccination before returning to work could lead to litigation.

Will Wage and Hour Litigation Increase?

The standard 40-hour work week could soon become a thing of the past, as companies have become more flexible about working hours. Gartner’s Reimagine HR Employee Survey showed companies that provide flexible hours and working locations saw 55 percent of high-performance rates. It is thought that more employers will be measuring employee productivity by actual output instead of the number of hours and locale.

With so many people working from home, having reduced hours, and being furloughed, it is not surprising that worker misclassification and timekeeping errors have been trending upward. It is more difficult to record working hours when employees are at home. One report claims that the U.S. Department of Labor (DOL) will be prioritizing wage theft enforcement; there has also been minimum wage increases for 25 states this year. There are other regulatory changes and key state initiatives as well.

How Do Government Regulations Factor in?

Another study showed that government agencies, including the DOL, Office of Federal Contract Compliance Programs, and the U.S. Equal Employment Opportunity Commission (EEOC), brought fewer legal actions in 2020 when compared to previous years. Nevertheless, the EEOC recovered $535.4 million last year for alleged discrimination victims. It is thought that the new presidential administration is likely to focus on administering employment litigation. There could be more regulation of businesses, assertive enforcement of workplace laws, and a possible expansion of workers’ rights.

What Other Trends are Significant?

As workplace environments evolve, it is important to note other changes that may be on the way. The pandemic has provided business leadership with more visibility into their employees’ personal lives, helping companies understand how home lives impact work performance. Employees who feel that their companies support their personal lives also perform better. As an example, if a worker with a seriously ill child was allowed to work remotely until further notice, they might perform better than if they had to report to an office.

Employee monitoring is another trend to watch. Over 25 percent of companies surveyed had invested in new technology to track and monitor their employees through passive means. Meanwhile, respondents admitted that they were not sure of the best ways to protect employee privacy while using the technology. This can erode away at employee trust, especially if the data is not shared with them. This year, there will be new state and local regulations about limiting what employers may track and monitor.

Philadelphia Employment Litigation Defense Lawyers at Sidkoff, Pincus & Green P.C. Help Clients with Employment Litigation

If your company is facing employment litigation, turn to the skilled Philadelphia employment litigation defense lawyers at Sidkoff, Pincus & Green P.C. We will protect your best interests and provide skilled legal representation if needed. Complete our online form or call 215-574-0600 for an initial consultation today. Located in Philadelphia, we help clients throughout South Jersey and Pennsylvania.

Equal Pay Lawsuits Filed by Female Professors

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Equal pay is a constant fight for women in the workplace. Despite having similar or better credentials, women are still being paid less than their male counterparts. No matter the profession, gender discrimination happens in all workplaces, especially within those with a high population of older men. Women must work harder to prove themselves and may work their entire lives without being paid fairly in comparison to their male co-workers.

A law professor at the University of Texas School of Law recently filed an Equal Pay Act lawsuit due to the unfair pay she received in relation to her male co-workers. This complaint also alleges sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. This is not the first time that the law professor complained to the university about unfair compensation and sexual discrimination. She speaks out frequently about the pay inequality at the university, despite the school’s verbal negative perceptions of her and her actions.

A Texas judge granted the university’s motion to partially dismiss the law professor’s lawsuit due to a failed causal connection between her pay complaints and receiving the lowest raise of any school faculty member. Her claims are still ongoing.

Ongoing Claims

This is not the first woman professor to bring a lawsuit to court. At least five other equal pay lawsuits have been filed by female professors from various universities since 2016. These lawsuits have been filed due to the way universities determine compensation. Law school deans often have significant say in pay decisions, which can be tainted by gender bias and because many men in the teaching field gain more respect for research and writing, despite their lack of quality and importance in relation to their female co-workers. This increases the dean’s overall opinion of male professors and allows them to raise their salaries.

Gender discrimination and pay gap issues often occur in the workplace. Many situations go unnoticed because women are afraid of the consequences if they mention it to their bosses. The female law professor has been described as poison after she confronted the appropriate parties. Other professors who filed lawsuits also stated that they were removed from important committee assignments and ignored in the workplace. Words and actions like these are why women are afraid to take a stand against pay inequality.

Although there are many obstacles that women face in the workplace, especially when it comes to pay gaps, it is important to fight for equal compensation. Fighting for equal pay is an ongoing battle and requires female workers to stand up for themselves when they feel as though they are being treated unfairly.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Fight for Equal Compensation in the Workplace

If you feel as though your pay does not match your abilities and that you are not being fairly compensated, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. for help. Our dedicated team understands the pay gap frustration and will work hard to ensure you receive proper pay. Gender discrimination is a serious issue that will only get resolved if we continue to fight for the rights of female workers. Call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

What is the Pregnant Workers Fairness Act?

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The Pregnant Workers Fairness Act (“PWFA”) was recently passed in the U.S. House of Representatives. The legislation largely follows the guidelines set forth by the Americans with Disabilities Act (“ADA”). The PWFA, however, will go a step further in protecting pregnant women in the workplace if it is signed into law. It will also specify exactly what businesses must do to comply. Under the PWFA, anyone who is pregnant qualifies. The law is specific so that employers cannot avoid the issue of pregnancy. It ensures a pregnant worker is covered by the law even if they cannot perform an essential function of their job position, as long as the inability:

  • Is strictly temporary and caused by pregnancy;
  • Could be performed in the near future; and
  • Can be reasonably accommodated.

There is no language about undue hardship laid on the business. A business is not supposed to give preferential treatment to a pregnant woman, but it cannot tell her that her accommodations are unnecessary because they are more costly or time consuming than those provided to other disabled workers. The law simply hopes to clarify what employers must do when a woman requires accommodations during pregnancy alone.

Examples of Reasonable Accommodations Under the PWFA

The PWFA allows for reasonable accommodations that any normal person would see as fair. Some examples include the following:

  • Extra time for bathroom breaks
  • More water breaks
  • Reassignment of tasks requiring heavy lifting
  • A more comfortable chair in which to sit

Because most of these accommodations are simple, the employer and the employee must determine the best course of action. A business cannot reject requests for accommodations, and a pregnant woman cannot expect the business to know precisely what she needs without speaking to a supervisor first.

How are Workers Compensated Under the PWFA?

If a case for discrimination should arise under the PWFA, it would be met with an investigation by the Equal Employment Opportunity Commission (“EEOC”). Even though the EEOC will act as the administrative agency for the law, a lawsuit may be filed against the employer for negligence that could result in a judgment, including non-economic damages, punitive damages, and legal fees.

Pregnant women who experience retaliation or lose their jobs entirely could also sue for back pay if they were terminated, their hours were reduced, they were demoted, or their future earning potential was impacted. Even though women have legal recourse if they experienced discrimination, the law also allows employers to show that they made a good-faith effort to accommodate their employees. Although the law wants to protect pregnant women, it does not allow for unreasonable demands on the part of an employee.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist Pregnant Women Suffering from Discrimination at Work

Speak to the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. when you have questions about your treatment at work, especially when you are pregnant and have possible new protections under the PWFA. Our attorneys are highly experienced in all areas of the law dealing with employer-employee relationships. We create litigation strategies to support our clients’ concerns and goals. Fill out our online contact form or call us at 215-574-0600 today for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

  Category: Discrimination
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