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Sexual Discrimination

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Nat

Guest
I feel discriminated against, but I don't know if it is anything I can prove. I have been working at this restaraunt for a year. I was promoted in November to shift leader, and kept that position through December. When the assistant Department Head at that time became Department Head in January, she refused to to schedule me as a shiftleader. I tried to talk to her a number of times, but she kept brushing me off. Since then, I have talked to many managers about this and nothing was solved, and a guy who was hired in December was quickly promoted to shiftleader. Now a new manager has taken over our staff, and he was finally able to find out some information. The point is, I had done nothing wrong, my record is spotless, and yet they continue to deny me the position of shiftleader on this staff. I was never officially demoted, Yet this new guy came in and in a matter of months was promoted. Now they want to put me on another staff, because they know I am not happy on this one, but I feel like they are just trying to avoid my situation. Is this discrimination? I am still very unhappy, and I have agreed to go to this other staff for the time being, but I don't feel like the situation was rectified.
 


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Attorney_Replogle

Guest
Unless you have other facts to add to your story, I find no unlawful treatment of you by your employer. An employer (presuming it is not a union shop) has the right to demote an employee at any time as their policy states. Your heading read "sexual discrimination" but I read nothing about this claim. Perhaps you would like to go into more detail.

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Mark B. Replogle
 
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Nat

Guest
I had meant to put a question mark in the header, so I apologize for misleading anyone. Anyway, there is really nothing substantial that I can say with any proof. Guys on the staff always seem to get promoted, etc. while girls on the staff tend to be more unhappy about their positions and have trouble talking with the department head. It is very subtle, which is why it is hard to prove. The restaurant is part of a corporation, and they do have a policy of being notified (ie, sitting down and signing a written form of discussion, which an emplyee that was being demoted would have to sign) when anything considering your position is handled. Nothing was ever even mentioned to me. She just simply would not schedule me as a shiftleader, when I had been scheduled as a shiftleader by the former department head, while she was assistant department head. I am writing a letter to the corporate office about this and other things, but is there anything else I can do? It may not be sexual discrimination, but it sure feels like some sort of discrimination.
 
N

Nat

Guest
This has happened in a restaurant in GA.
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Nat:
I had meant to put a question mark in the header, so I apologize for misleading anyone. Anyway, there is really nothing substantial that I can say with any proof. Guys on the staff always seem to get promoted, etc. while girls on the staff tend to be more unhappy about their positions and have trouble talking with the department head. It is very subtle, which is why it is hard to prove. The restaurant is part of a corporation, and they do have a policy of being notified (ie, sitting down and signing a written form of discussion, which an emplyee that was being demoted would have to sign) when anything considering your position is handled. Nothing was ever even mentioned to me. She just simply would not schedule me as a shiftleader, when I had been scheduled as a shiftleader by the former department head, while she was assistant department head. I am writing a letter to the corporate office about this and other things, but is there anything else I can do? It may not be sexual discrimination, but it sure feels like some sort of discrimination.<HR></BLOCKQUOTE>

 
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Attorney_Replogle

Guest
Your situation at best is difficult to prove since you state that the possible discrimination is subtle. The fact that women at that company are more unhappy then the men is nothing that is a concern of the courts. However, if the reason that the women are unhappy is that they are not promoted as often, statistically, then the men, this might be discrimination based on gender. The idea of proving company discrimination by statistics is not a settled area of the law. In other words, a company could be promoting more men then women for legitimate corporate reasons, though it would look bad statistically. So if this form of proof were allowed in all cases to show gender discrimination, it would have many negative effects on employment law, business and the economy.

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Mark B. Replogle
 

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