(Closed) should I file a gender discrimination claim?

posted 7 years ago in Legal
Post # 3
Member
1267 posts
Bumble bee

Yes – document everything – do you still have that spreadsheet? – and bring it to them with your intentions.

Post # 4
Member
1003 posts
Bumble bee
  • Wedding: June 2012

 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.

Post # 6
Member
3762 posts
Honey bee
  • Wedding: May 2010

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.

Post # 7
Member
14186 posts
Honey Beekeeper
  • Wedding: June 2009

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.

Post # 8
Member
1003 posts
Bumble bee
  • Wedding: June 2012

@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.

Post # 9
Member
269 posts
Helper bee
  • Wedding: September 2011

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. 

Post # 10
Member
3176 posts
Sugar bee
  • Wedding: May 2011

I would consult a labor attorney first, perferably one that is familiar with gender discrimination. They will help you with the best steps.

Post # 11
Member
269 posts
Helper bee
  • Wedding: September 2011

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. 

Post # 12
Member
9029 posts
Buzzing Beekeeper
  • Wedding: June 2011

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.

Post # 13
Member
1750 posts
Buzzing bee

@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.

Post # 15
Member
3526 posts
Sugar bee
  • Wedding: August 2010

@ejs4y8:

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?

Post # 16
Member
654 posts
Busy bee
  • Wedding: October 2011

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.

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