• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Gender Discrimination in hiring/demoting

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Village Idiot

Junior Member
What is the name of your state? Michigan (sorry- I need to update profile- but it is MI)

I was hired for a 6 months contract-to-hire opportunity through a contract employer to perform a supervisory position at a local food manufacturing plant. The first day I arrived I was told that my job duties were changed due to another woman declining her position at the last minutes. I was told by several employees that women generally did better at this new position. Without knowledge I was moved to a lower level office position but remained with the same rate of pay due to the previously established contract. A male was hired to fill my position. Less than a month ago another male contract employee in the same position I was hired for left the position. At the time I was never explained that the position I was in was a lower level and would eventually mean less pay than I had been told with the initial job offer and when asked if I was interested in the position said that I would be interested in the job but would rather not have to change my work schedule if I could remain where I was. It was only when the positions were posted for final hire that I was told by several company employees but never management that the position I was in was a lower level with considerable less pay and less bonus opportunity. I contacted one of the managers in charge to line supervisors to let him know that I wished to apply for the position permanently.
Shortly later I was informed that I was being moved to 3rd shift- I wasn't happy about the short notice but was going to begin the following week on 3rd. The following day I again contacted the manager and asked how many positions were still available for line supervisor as that would also work better for scheduling, be the higher pay rate that I was told when accepting the position and the other position would not interfere with my husband's employment- wherease with the sudden notice to change shifts my husband_s job might be affected due to weekend care of our 2 year old son. I also contacted my contract employer to find out if they were aware of the possibility of me returning to the job I was hired for due to me finding out that I had basically been demoted prior to starting- a fact they weren_t even aware of. That same day I received a phone call upon arriving home from work that my contract was over effective immediately and no reason was provided. In the previous 2 to 3 weeks I had been commended by various of the upper management staff including the plant operation manager on my work performance and how happy they were with how things were. It wasn_t until I wished to move up to where I should have been all along that I was let go.

The following week they returned back to the recruiter and said that there were complaints made about me to upper management (all of a sudden) but they couldn't provide details as to what they were in reference to whom, where, when, what happened, etc. No complaints were brought to my attention, and no grievances were filed against to me to my knowledge there. If there were so many complaints made against me why did they want me to go provide support to another shift who needed my help? In the 6 months I was there I was told that in 17 years they had not had someone catch on so well- and I even taught some of them a few things to make their jobs easier! Was I let go simply because I dare asked to return to the higher paying position I was hired for in the first place???

I am seriously considering filing claims with the EOE offices (federal and state), but want to know if because it was a contract position it won't matter anyhow.
 


moburkes

Senior Member
I have no idea what you're trying to say. Instead of "male" "female", instead use "John" and "Sue". I'm getting these people mixed up and not understanding your point. Sorry. Maybe someone else will.
 

Zigner

Senior Member, Non-Attorney
So, to boil it down. You were placed through a temp agency for a 6 month long position. The client of the temp agency had the choice whether or not to hire you after that 6 months, and they chose not to.
 

Village Idiot

Junior Member
Does this help?

What is the name of your state? Michigan (sorry- I need to update profile- but it is MI)

I was hired for a 6 months contract-to-hire opportunity through a contract employer to perform a supervisory position at a local food manufacturing plant. The first day I arrived I was told that my job duties were changed due to "Shelly" declining her position at the last minutes. I was told by several employees that women generally did better at this new position. Without knowledge I was moved to a lower level office position but remained with the same rate of pay due to the previously established contract. "John" was hired to fill my position. Less than a month ago "Steve"- another contract employee whom started a week before me in the supervisory position left for another position elsewhere.

At the time I was never explained that the position I was in was a lower level and would eventually mean less pay. It was only when the positions were posted for final hire that I was told by several company employees but never management that the position I was in was a lower level with considerable less pay and less bonus opportunity. I contacted one of the managers in charge to line supervisors to let him know that I wished to apply for the supervisor position permanently.

Shortly later I was informed that I was being moved to 3rd shift- I wasn't happy about the short notice but was going to begin the following week on 3rd. The very next day I again contacted the manager and asked how many positions were still available for line supervisor as that would also work better for scheduling, be the higher pay rate that I was told when accepting the position and the other position would not interfere with my husband's employment- wherease with the sudden notice to change shifts my husband's job might be affected due to weekend care of our 2 year old son.

I also contacted my contract employer to find out if they were aware of the possibility of me returning to the job I was hired for due to me finding out that I had basically been demoted prior to starting and replaced with "John"- a fact they weren't even aware of but now "Steve's" position was open again didn't know what the plans were. That same day I received a phone call upon arriving home from work that my contract was over effective immediately and no reason was provided. In the previous 2 to 3 weeks I had been commended by various of the upper management staff including the plant operation manager on my work performance and how happy they were with how things were. It wasn't until I wished to move up to where I should have been all along that I was let go.

The following week they returned back to the recruiter and said that there were complaints made about me to upper management (all of a sudden) but they couldn't provide details as to what they were in reference to whom, where, when, what happened, etc. No complaints were brought to my attention, and no grievances were filed against to me to my knowledge there. If there were so many complaints made against me why did they want me to go provide support to another shift who needed my help? In the 6 months I was there I was told that in 17 years they had not had someone catch on so well- and I even taught some of them a few things to make their jobs easier! Was I let go simply because I dare asked to return to the higher paying position I was hired for in the first place???

I am seriously considering filing claims with the EOE offices (federal and state), but want to know if because it was a contract position it won't matter anyhow.
I editted it a bit to hopefully make more sense to you. This company has also filled a position of someone on maternity leave in the past and moved them to another position upon their return (and without their previous knowledge) so there is a history of not following laws- but that person never filed due to being given another job.
 

mitousmom

Member
Was John also hired for a contract-to-hire opportunity? Who was hired for the positon in which you were interested? Has the company hired any contract employee? On what basis do you think you suffered discrimination and why?
 

Village Idiot

Junior Member
Was John also hired for a contract-to-hire opportunity? Who was hired for the positon in which you were interested? Has the company hired any contract employee? On what basis do you think you suffered discrimination and why?
John was also hired as a contract-to-hire (after I was hired) to fill the spot that was left open when I was moved to a lower position- or he would have not been hired at all. Nobody has been formally hired at this point but I was not allowed to even interview for either permanent position. John is still on contract pending hiring. I feel that I was demoted because women tended to excel at the lower position and then although I was doing an "excellent job" in the words of upper management members when I became aware of the pay differences I dared to ask to be re-assigned to where I should have been so that I could apply for the permanent position they quickly found an excuse to dismiss me rather than move me back to the higher pay position.
 

Village Idiot

Junior Member
Contract Employee Rights?

Does a contract-to-hire employee have the right to know why their contract was terminated? I understand with a third "middle-man" party it's difficult to establish whom is the actual employer, but does the company you were working for have to provide you a detailed reason in writing upon request?
 

Village Idiot

Junior Member
So, to boil it down. You were placed through a temp agency for a 6 month long position. The client of the temp agency had the choice whether or not to hire you after that 6 months, and they chose not to.
The 6 month contract was not yet over at this point (there was a week left), and they personally had encouraged me to apply for the position I was moved to (even instructing me on certain items to include in the application so that it would have no problems passing corporate pre-screening). They did not make the choice not to hire me at all and in fact to end the contract early until I decided to to apply for the higher paying position I had initially been hired to fill.
 

mitousmom

Member
If the company didn't want a woman in the job to which you were originally assigned, why did they accept you for the assignment? It could be that that your treatment has more to do with the manner in which you handled all of this than your sex. It seems that the company didn't want you in either job. You effectively were terminated.
 

Zigner

Senior Member, Non-Attorney
Let's quite dancing around here. Did you have a contract WITH THIS COMPANY, or with a temp agency of some sort?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top