The City of Pittsburgh, Allegheny County, and several other municipalities have banned employment discrimination on the basis of sexual orientation, gender identity, and gender expression. This includes failing to hire, firing, or harassing an employee because he or she is gay, lesbian, bisexual, transgender, non-binary, or otherwise fails to conform to the stereotypes of traditional heterosexuality.
Federal courts are currently split on the issue of whether federal law prohibits sexual orientation discrimination. This issue is currently before the U.S. Supreme Court. It is clear, however, that federal law prohibits discrimination on the basis of “sex stereotyping." This refers to when an employer makes a discriminatory decision based on its own ideals about how men and women are supposed to behave. For example, if an employer fires a male employee for acting “too feminine,” or fails to hire a female employee because she appears “too masculine,” this could be illegal sex stereotyping.
If you are a member of the LGBTQ community and believe you have been discriminated against because of your actual or perceived sexual orientation, gender identity, or gender expression, contact us for a free consultation today.
Elzer Law Firm, LLC