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Yes - document everything - do you still have that spreadsheet? - and bring it to them with your intentions.
Yes, you do. Keep that e-mail as evidence and file that complaint as soon as possible.
Gah, I can't believe this is still happening in 2011.
I did keep the spreadsheet and emailed it to my personal account this morning, along with the facts of the past year+. Take the spreadsheet & info to the hiring manager? God, I am so nervous about doing that! Do I talk to them first, or file a complaint with the state first?
Yes, but I would be careful because it sounds like its not a cut and dry situation.
I would maybe try to approach the managers again, and ask for where you can improve, etc.
Also, can you get an "in" with anyone in the company to hear about new projects or assignemnts? If you do, go directly to the managers and specifically ask to be put on that assignment.
I know its tough and I think you are right, but I think continuing to work with the managers might be your best bet.
I don't think you can file a gender discrimination claim unless you are SURE the only reason is that he is a man and you are not. Maybe he is better with clients or something...who knows. There are a lot of factors that go into promotions that could cause one person to get it over another, even though they seemed to do the same work on the surface. I'd approach the manager again and mention that so-and-so has been promoted (surely it's obvious without you having seen the spreadsheet?) and and what it'd take for you to do the same things. Maybe you just haven't approached your manager well enough for him to get it.
I've been here for awhile now (all men) and have been trying to get more responsibilities and more work so I can get a promotion. People around me have been promoted. I have never considered that it's because of my sex, but because the right opportunities just haven't come up yet for what I do.
Do you have a construction management certificate also?
Talk to them first.
@ms. rice crispy treat: I am not too sure about rules in the states. In Canada you can do either or but the recommend you confront them first to see if it is a problem that can be fixed at the business level, because in Canada you cannot be fired for doing stuff like that but you need to consult they laws in your state before doing anything.
Make sure you download any paperwork/emails/spreadsheets BEFORE you find an attorney. Once the company knows you're speaking with someone (because for gender discrimination, you have to file an EEOC complaint), then you'll be watched like a hawk! It can't hurt to talk to an attorney. Most are willing to give you some free time. Prior to your discussion, however, make sure you have all your paperwork in order. Any emails you have, reviews you've had, experience in the filed, resume, etc. An attorney will want to see all this information prior to taking a case.
I would consult a labor attorney first, perferably one that is familiar with gender discrimination. They will help you with the best steps.
Oh yes, also, find an attorney who specializes in employment law. Your regular ole' family law attorney, criminal lawyer, or contract specialist will not be helpful in this situation. They may be able to "take" your case, but they may not be able to give you the optimal result.
You need to really have your facts together before filing that discrimination claim. Some people make more than others and its not always about gender [altho guys are still higher paid than women] THere is a guy in my office in the same position as me I found out he makes more than me, but i have way better benefits than him so I just kept my mouth shut cos overall I'm going home with more than he is.
@ms. rice crispy treat:Yes, I just filed a discrimination lawsuit against my company on Monday. My attorney filed everything with the EEOC. You should consult an attorney ASAP. The first visit is usually free.
Oh, and I didn't even mention the religion thing either. They have a lobby copy of the Bible in the lobby, which doesn't bug me because they don't make me read it. BUT. After the first "ladies meeting" (there is a PM meeting once a month, and I attend to take notes/type meeting minutes) and they used to have a ladies meeting a few days later, where I would fill in the ladies in the office (all accounting) about what was said in the "men's meeting", and then the next month I would bring up what the ladies said at the PM meeting. At the first meeting one of the ladies read some Bible scripture, and asked me to put it in the meeting minutes. She did ask what my religious views were and I told her agnostic, but if she had told me she would read a Bible verse I would have told her no way, it makes me feel uncomfortable.
What really, really bugs me is that one two occasions now they have prayed out loud (the owner lead the prayer) before eating. The first time was when I was out eating with some of the guys after a meeting, and the last was at the office christmas potluck. The owners are Christian (as well as a lot of the office people) and they just assume that everybody is Christian.
I would have quite a while ago, but I haven't been able to find another job, and I need the money to pay rent and stuff.
I have to agree.
Yes, it's def known that the construction industry IS male dominant. So it would not surprise me if there is some discrimination.
But we -you included- do not know all the facts. You don't really know what his exact qualifications are. Maybe he works really well with foreman and contractors. maybe he works really well with the other project managers. Maybe the PMs have praised him a lot to the higher ups. Maybe there are more retail jobs going on right now and he has a lot of experience in retail construction (just for example). That makes a huge difference imo. Not to say you are not just as good of an employee. But if the higher ups are only hearing that this guy is good you can't blame them for giving that guy a promotion and not you.
And I am not being unsympathetic because I'm a female in architecture a very much male dominant field as well. You should know. So I see the same kind "clues" as you are. Is it a basis for filing a legal suit. I'm not so sure.
I think if I were you I would take a passive approach to and try to be even more forthcoming about asking for responsibility. Do you continually ask and not just at the reviews? Who do you work directly under? Have you tried asking that individual.
I just feel like a legal suit might not be the next best step.
What does your BF/FI think?
Did anyone say you didn't get the job because you're a woman? Because it's not gender-related if they didn't, so no, you couldn't file a claim. Or at least, you couldn't win it. I don't think it's right for women to just assume that they're being treated differently because they're women, when there could be dozens of other reasons. They can make tons of arguments about why he got the job (he reads plans better, he has more experience here or there, whatever) and you didn't. They can even just say they like the job you're doing in your current position and didn't want to move you. No employer is required to hire anyone for any position over another, it's completely at their discretion. Unless someone actually makes a gender-discriminatory comment, you're probably out of luck.
I am sorry you didn't get the promotion though, I know that must be frustrating. Try talking to them again and maybe they can find something else for you to do.
I second PP's advice to document everything before talking to an attorney. And to try talking with the higher ups a little bit more about what you could be doing to ensure a promotion. I would keep all the documentation as a back-up plan, just in case the civil approach doesn't work. And see exactly what your options are from the attorney.
That being said, I have to also throw this in. Whether or not there is discrimination going on, (and it's deplorable if it is, but that's another post) do you really want to work for a company that is so flippant with it's promotion policies? (I'm basing this off of the info that you've posted.) I realize that work is hard to come by in any industry these days, so I completely understand why you'd want to stay in a job that is secure and acceptable in most ways. And for what it's worth, I can also sympathize with your situation by proxy of sorts. My mother also works in a similar industry, (utility companies, rife with contractors, engineers, project managers, etc.) that is full of the boys' clubs, and the structure seems the same. She, too has had to put up with less experienced men recieving promotions over her, that she was well suited for. Above and beyond suited for. In the end, though, she was still making a very comfortable living, with excellent benefits, so she decided to grin and bare it for the time being. (She's actually drawing unemployment currently, as there's NO work, for anybody, so she hasn't had to deal with this stuff in a while, but I digress)
Anyway, just my two cents.
@ms. rice crispy treat: Consult a lawyer and get his/her view. They should be able to tell you if you have a case. It sounds like you "could" if essentially you are doing the SAME job but getting paid different.
The religion thing is not an issue, people are allowed to pray if they want, you can excuse yourself if it bothers you. If they say "pray or your fired" thats different but you can't ask them NOT to do it just because it bothers you, its not a school.
I've managed a lot of men and women in my career, and one thing I've learned is that men tend to be much more aggressive about asking for extra responsibilities and raises. There was a book about gender differences in salaries that came to a similar conclusion. Men just tend to ask/insist on things a lot.
I've learned to balance that tendency, by becoming more aware of these gender differences and adjusting for them. But it's a process, and not every employer is going to do that for their female team members.
I would strongly encourage you to view this less as a gender discrimination issue (which would be very hard to do anything about), and more of a proactivity issue (which you can). Go to your boss and ask what you can do to get off of the clock. Go to other PMs and beg for free work to do that will help you advance your career. Just be really aggressive and I promise you, the rewards will follow.
I am going to respectfully disagree with people who say that they need to outright say that because you are a woman you didn't get the job in order to file the claim. I know two people personally who have successfully won cases in gender discrimination and there was not one gender thing was mentioned to either of them. They just noticed that men with less experience were moving up the ladder fast then they were when they had more experience and education. One of these cases sounds eerier similar to Ms. RC's and it was in the mining industry which is notoriously an old boys club.
Ms. RC, unfortunately women in these male dominated industries need to work twice as hard and be twice as strong. The woman who works in the mining industry is a close relative of mine, and I will warn you that since she won her claim (over 20 years ago now) sometimes she still doesn't get jobs because the people she filed the claim against are in positions of power in the mining industry. I will also let you know she works up to 160 hours a week and works a one week off/one week on job but rarely doesn't work her one week off.
There is some great advice on here, and personally I do think you have enough evidence to file a claim but there are consequences to every action. Just make sure you are preparing yourself if that is the route you want to go.
What's with the men's meetings and women's meetings? That is so odd to me. But, if you don't want to be seen as the "woman" in the group--don't be their secretary! If you want to work with the men and be treated like one, you have to be one, basically, and fit in accordingly. I made the mistake of shipping something for a coworker once and it was really a stupid thing for me to do. After that, i got taken advantage of--boxes would end up on my desk with instructions on how to ship them. I wanted to scream: "i'm an effing engineer, not a secretary". Since moving to a new position, I've really changed how i let people perceive me.
All i'm saying is that you could possibly be shooting yourself in the foot without even knowing it! You think you're doing a nice thing, but it could cause them to perceive you as not being an equal!
Then again, they say the same about not bringing in cookies because then the men see you as their mom. I went to a conference last year and attended a session all about this kind of stuff. Most of it boiled down to how others perceived you based on how you act in the office.
Don't bother with filing this claim. It is very easy for the employer to mask if they discriminated. I can say this because I see that you do NOT have a strong evidence. That won't take you far. An attorney will surely accept your case because in the end, he will be paid. But you will come out with more doors shut and promotions and opportunities taken away than right now.
Please continue asking every PM frequently. Continue to offer your services for free wherever you think is reasonable. When you have even more experience like this, it will be a LOT easier for you to even get a job elsewhere.
Once you file a gender claim and even if you do win, they will continue to 'watch' you until you make even a tiny mistake and then fire you. Or you will then be the FIRST to go if they are downsizing because you have been labeled as a 'troublemaker'. Doesn't matter who was on the bad end of the trouble, you started it. Very unfortunate, I know. 
I honestly don't think you have any kind of gender discrimination claim here. It's sucks that you didn't get the promotion but gender discrimination doesn't seem to have played a role, IMO.
You said yourself that the guy who got this promotion can readplans better than you. You also said that he has a construction management certificate which you make no mention of having yourself. Couple that with him maybe getting slightly better marks during reviews or from supervisors or him having more experience in the area of the specific project than you and it is completely reasonable for him to be promoted over you with nothing to do with his gender or yours.
You also said that he was making the same as you when you were at the same level - where is the discrimination there?? Yes - he got a $2 raise with the promotion but that is normal - he got promoted. And now he is slightly above you so I would expect him to make more. Again - I see no discrimination.
When something doesn't go the way we want it to, the natural instinct is to find something or someone outside of ourselves to blame. I think that is what you are doing here with your thoughts of gender discrimination because based on what you've told us, I see nothing to back up that claim.
ETA: I also see nothing to the religious/praying thing. They are allowed to pray when and where they want and as long as they are not forcing you to pray with them, there is no problem. The fact that is makes you uncomfortable isn't their problem. If you're uncomfortable then you need to take it upon yourself to remove yourself from the situation.
Hm. Sidebar.
That conference sounds very intriguing. I really should go to one soon. Could you PM me information about so I can see if maybe they'll be in my area soon?
@ms. rice crispy treat: I didn't read all the responses, but I disagree that you have a strong discrimination claim.
Gender discrimination claims like yours are very, very hard to prove. You assume that you didn't get that position because you're a woman, but what evidence do you have of that? The fact that you're a woman really isn't evidence. I'm not saying that is not the reason that you didn't get the position, but you don't know for sure.
Yes, you should continue to document everything, but just beause you asked for more responsibility (and are capable of it) doesn't mean your employer is legally obligated to give you the position, a raise, more responsibility, etc. And, there may be other behind the scenes reasons why the other person was hired or is being given this stuff. Maybe he's paid less (or will end up being paid less), or any other number of legitimate business reasons.
So, I would say continue to document everything, but also maybe look for a company that will appreciate what you have to offer.
It is VERY difficult to prevail on a gender discrimination claim. As long as the company can point to legitimate reasons for favoring a male colleague (better training, easier to work with, better at reading plans), and you have no evidence of anyone saying "we won't promote you because you're a woman," you will have almost no chance of winning. In light of that, you need to think about whether you want to become a pariah in your office and your industry. (People talk.) If you lose your discrimination suit, and get fired or try to find a job elsewhere, you could really be in a world of hurt. Think carefully.
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I have been working in commercial construction for almost 7 years. I have worked for several companies over that time, and my previous companies have brought me under their wings (usually a specific project manager) to show me the ropes. I have learned a lot, and was running small projects at the company I started with. I relocated out of state, got a great job, but decided to follow my now fiancé out of state again so he could pursue his masters degree. I took the first interview/job that I was offered, with the intention of finding a better job, but that has not happened since the construction industry is slow.
At my 6-month review I told the owner & hiring manager that I would like to get more responsibilities, that I have a lot of experience that I felt I was not using. They said 'great - go talk to the PMs' (there are about 12 PMs). I was able to work with one PM for several months, and things looked promising, but as we were waiting for a project to start up, I was never asked to help again. At my 1-year review I also brought up the fact that I would like to move up/get more responsibilities, and nothing came of that.
Fast forward to December. A guy, who is 1 year younger than me, was working in the field, and was brought into the office to help as specific project manager. He is basically doing the same thing as me - but can read plans a little bit better, and that's really the only difference between the two of us. He has no idea how to do the paperwork that I do, and is constantly asking me for help. He didn't know about architect "bulletins", which is a pretty basic thing. In December I was (I think accidentally) emailed a spreadsheet that listed the wages of all of the guys in the field from June & Dec. The guy who is now working in the office was making the same as I am, but was given a $2 raise when he moved into the office.
Last week we were talking and he told me that he told our hiring manager that he would like use his construction management certificate experience and would like to move into the office and learn PM skills - he was moved. This week we were talking and he asked if I had to clock in & out (yes, like on the retail type time machines) like the accounting ladies. I said yes, and asked if he had to, he said no.
I am pissed off. I am not working to my ability and have tried unsuccessfully many times to get more responsibilities and have been denied any form of promotion. With the information listed above, do I have enough to file a gender discrimination claim?
Thanks for your feedback!