Gender Discrimination ???

[info4cable]

What is the name of your state (only U.S. law)? MS

Ok here's the background story. I have been working at a distribution center for approx 3.5 years. Everyone starts out at the same pay scale for the first year or year and a half (sorry can't remember), then raises kick in yearly on hire date anniversary. Since I have been there and when corporate management came to town recently, it has been stated that everyone has the same job title as "company associates", with exception of management and supervisors of course.

In the past, certain physically demanding jobs would be done by temp employees not employed by the company. Fast forward to the present. Now the company want this physically demanding job done by "in house" employees. The problem is that they are making ONLY the men to do the job. I don't mind doing the job, but doing a substantially physically harder job for the same money as the females doing an easier job when we all have the same title seems like gender discrimination to me. I have been vocal about this to my manager. I asked him if a female wanted to do this more physical job, could she ? He said that they could if they wanted to. I then made the point that if a female could decide if they wanted to do a harder job or not. Why can't I, because I'm male ? He said," that's just the way it is". There are about 7 other males that work in my department and none of them seem to want to speak up about this and a couple of them seem a bit upset with me for even saying anything. I'm not sure if this has anything to do with all the other males not speaking up, but I am the only white person in my department.

Anyhow, what's everyone's opinion on this ? Should one group of people with the same title and pay be given an easier or harder job based on gender ? And if so how is that any different than basing it on race, age, or religion ?

 

[Zigner]

Title is irrelevant.

If you all want to make a fuss, then all the guys should quit and let the women do the work. That'd show 'em!

 

[info4cable]

Title is irrelevant.

If you all want to make a fuss, then all the guys should quit and let the women do the work. That'd show 'em!

Not sure if your being serious or joking, but I find this situation kind of unsettling. Maybe I'm wrong, but something just doesn't seem right about the whole thing. Do you think that a whole group of a certain gender should get an easier or harder job while working in the same department, with the same title, and same pay scale ?

BTW, I don' want to make a fuss. I just want to be treated fairly and equally to my co-workers. I couldn't convince all or any of the guys to quit over this situation.

 

[info4cable]

Anybody ??? Opinions ???

 

[cbg]

You got mine on the other board where you posted this.

 

[>Charlotte<]

When a company needs to recruit employees for a specific task, the assignment is based on ability. If they need someone to draft a 50 page company profile with charts and embedded images, they're going to assign that task to those employees who have the ability to use the software. If those employees happen to all be women, that is not illegal discrimination.

Your employer is basing the decision to assign only men to this physically demanding task on the stereotype that men are stronger than women, which is a reasonable distinction. The issue of sex is secondary. The primary issue is the requirement of ability.

No, it's not illegal sex discrimination.

And, for our "Buy one advice get one advice free" special--it is sex, not gender. "Gender" is a grammatical characteristic, not a physical one.

 

[Mass_Shyster]

how is that any different than basing it on race, age, or religion ?

• Discrimination based on race an religion is subject to strict scrutiny.
• Discrimination based on gender is subject to intermediate scrutiny.
• Discrimination based on age is subject to rational basis.

 

[info4cable]

When a company needs to recruit employees for a specific task, the assignment is based on ability. If they need someone to draft a 50 page company profile with charts and embedded images, they're going to assign that task to those employees who have the ability to use the software. If those employees happen to all be women, that is not illegal discrimination.

Your employer is basing the decision to assign only men to this physically demanding task on the stereotype that men are stronger than women, which is a reasonable distinction. The issue of sex is secondary. The primary issue is the requirement of ability.

No, it's not illegal sex discrimination.

And, for our "Buy one advice get one advice free" special--it is sex, not gender. "Gender" is a grammatical characteristic, not a physical one.

As I have read, sex stereotyping is illegal as it creates unequal burdens on men and women. Since this was never in issue before, how can the company decide who is strong enough and who is not strong enough retroactively based on gender ? Physical strength is subjective, one man could be stronger or weaker than a particular female. Not to mention, it has been stated by management, that if a female wanted to do the job, she would be allowed to do the job, but they don't have to if they don't want to. Race, color, religion, sex and national origin are all protected equally in title VII ? So how can one group decide what task they want to do while the other is forced to do a task. That is the very definition of discrimination.

• Discrimination based on race an religion is subject to strict scrutiny.
• Discrimination based on gender is subject to intermediate scrutiny.
• Discrimination based on age is subject to rational basis.

Race, color, religion, sex and national origin are all protected equally in title VII.

And as far as being a Bona Fide Occupational Qualification. The fact that for the past 3 1/2 years the company has hired both males and females for the same job, in the same department, with the same job title, and the same pay scale, shows that there was no bona fide qualification. A bona fide job related reason would be that the job itself requires a male or female specifically for the job, ie - Hooters' waitress, male model, or female actress.