Advice on discrimination

[cc1964]

I live and work in Texas. I've been with my company for 14 months. I work for a DME company. My position is Service Representative. I was called in my bosses office yesterday and told that she was giving the Sr Service Rep position to a new guy who's been with the company for 2 weeks. He has no prior experience. He was last employed as a pizza delivery man. The boss said she was giving him the position because there's alot of lifting involved and he's a better fit for the job. I'm a woman and have been doing my job for all this time, I lift 140 lb liquid oxygen tanks on a daily basis. Is this considered discrimination?What is the name of your state (only U.S. law)?

[ecmst12]

Honestly, others may disagree but I think it sounds fishy. If you meet the physical requirements of the job, then you should have been considered for it. It's not a rock solid case, but it certainly wouldn't be the first time an employer assumed a female couldn't perform physical tasks as well as a male. Is there someone in HR you could speak to about your concerns? That would be my first line.

[pattytx]

Originally Posted by ecmst12

Honestly, others may disagree but I think it sounds fishy.

I don't disagree and I think it sounds fishy also.

[cc1964]

Originally Posted by ecmst12

Honestly, others may disagree but I think it sounds fishy. If you meet the physical requirements of the job, then you should have been considered for it. It's not a rock solid case, but it certainly wouldn't be the first time an employer assumed a female couldn't perform physical tasks as well as a male. Is there someone in HR you could speak to about your concerns? That would be my first line.

I'm not sure. I know there's not anyone here local in HR. Should I go to corporate? This is a nationwide company.

[ecmst12]

Actually I think corporate HR is a good idea, they will be less biased then someone that you and your boss see every day. Hopefully this can be resolved without things getting out of hand and having to bring in lawyers or anything like that.

Definitely document any complaints you make though, keep copies for yourself offsite somewhere. Just to be on the safe side.

[cc1964]

Originally Posted by ecmst12

Actually I think corporate HR is a good idea, they will be less biased then someone that you and your boss see every day. Hopefully this can be resolved without things getting out of hand and having to bring in lawyers or anything like that.

Definitely document any complaints you make though, keep copies for yourself offsite somewhere. Just to be on the safe side.

I will and thank you for your advice. Although, I must say, things are strained at the office, to say the least. I hate hostility in the workplace. I don't want to quit though, jobs are too hard to find these days. I'm kind of at a loss.

[cbg]

I completely agree with talking to corporate HR. It is far too soon to quit over this. See what they have to say. If they are unable or unwilling to help, there are other directions you can go without having to quit. This doesn't sound right to me either.