Do I have a legitimate workplace discrimination case?

I work, worked for the State of Pennsylvania. My job consisted of working with court appointed juvenile delinquents. I was just fired after being suspended for 3 months pending an investigation. In September 2010 two residents retaliated against me for giving them discipline for not following directives. Immediately after sanctions were handed out, those two residents went to a supervisor and began to make accusations about me. Many of those accusation were either cleared by an external agency or because I was able to prove those residents were lying.

Yet, my employer continued to allow testimony of these residents in other accusations. Some of the reasons I was terminated from my place of employment are as follows: I had a conversation with a co-worker outside of work and off duty, yet my co-worker submitted the conversation we had and that's reason #1 that I am being terminated. Can a conversation outside of work be brought into an investigation?

I have numerous examples of how fellow co-workers mostly all men (which I'd like to file a case on gender discrimination) that have committed the same infractions in which I've been terminated for.

Also, on my termination letter it was written under the headline of "Inappropriate Conduct" Keep in mind that me discussing my sexual behavior is a fabrication of the truth made up by a resident...

However, under the headline this sentence is one of the reasons I'm being fired. "You shared details about your sexual preferences and behaviors". Because they stated that discussing my sexual preferences, which I consider to be synonymous to orientation is workplace discrimination? Which according to a new management directive back in April state no worker can be discriminated against based on their sexual orientation.

DO I HAVE A CASE???

Sincerely,
Brandy S.

1 answer  |  asked Jan 2, 2011 12:58 AM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, if you were treated differently because of your gender, then you may have a claim for gender discrimination. Sexual orientation is a difficult basis on which to make a claim, and may depend in part on the citym, town or lcoality in which you worked. If you were fired in retaliation for a complaint of discrimination, you may have a case that is easier to prove than a straight-up discrimination claim.

Bottom line, though, is that if men are not disciplined or fired for the same behavior, then you likely have a gender discrimination claim.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Chair of the Board,
Magellan Leadership Group

The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted by Christopher Ezold  |  Jan 3, 2011 08:05 AM [EST]

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