• 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.

Marital Descrimination Question?

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

blueiis38

Junior Member
What is the name of your state? Texas

My Question is whether I was descriminated against regarding a Position I applied for which would be an advancement. I am a Secretary within my Department and approximately 4 months ago our Senior Secretary got fired. I was immediately moved to the Senior Secretary position and given the title of Interim Senior Secretary and a raise for the last four months. When they posted the position I applied for the position along with many others. However after I applied for the position my Manager talked to myself and my husband who works in the Department to encourage me to not apply, even though my Qualifications are at least the same or most likely more due to already knowing various internal programs for Payroll and Time Entry. My Husband told me during his meeting with the Manager that the Manager brought up that with both of us working there he felt funny giving me this Senior Secretary Position which also Supervises two other Secretaries. My Husband told him it's not a Company Policy. Our Company Policy states that I cannot Supervise my Husband and he can't Supervise me which neither one of us would be doing. I have had others pushing for me to get this position and was just told by this Manager that he was hiring from the Outside to fill this position which basically means I will be training this person to do Payroll, Time Entry and other programs, which he told me they were more Qualified.
Seeing this person's Application and Resume due to all Applications coming through me (Interim Senior Secretary) I am just as Qualified and probably more since I have already been employed knowing the Programs we use. Could this or is there anything about Marital Descrimination in the workplace?
I would just like some answers that I definitely won't get at this workplace.
 


mlane58

Senior Member
Nothing in your post suggests even slightly that you have a claim. Martial status is not a qualifier for dicrimination under Title VII. It appears that your Manager is trying not give the perception of nepotism taking place in you department. You might noy like it, but there is nothing illegal about what he is doing.
 

Beth3

Senior Member
Even if marital status is a protected characteristic in your State, that would not be relevant here. The issue isn't that you're married, it's WHO you're married to that is the problem. Disqualifying you for the position because your husband also works in the same department is not illegal. If the manager's best judgment is that it's not appropriate to have you in the senior role, that's his call to make. It doesn't matter whether company policy prohibits this or not.
 
I agree with the responses here (as usual) but wanted to add that it is really bad form for them to have you be the one handling the resumes as they come in, considering the circumstances. Obviously, it's nothing illegal, but it sure is tacky. They're putting whomever they end up hiring in a really uncomfortable spot, having a subordinate who has seen his or her resume.
 

Find the Right Lawyer for Your Legal Issue!

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