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Discrimination Based On Gender

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K

koyan75

Guest
I work with de-institutionalized mental patients in the state of Tennessee.
My employer passed a rule that male staff cannot work in the homes of female clients.
This rule came about due to an allegation of sexual abuse, allegedly committed by a temp.
Subsequently, all males were ordered out of their full-time positions with female clients and forced to take other positions. All males with o.t. shifts scheduled in female clients homes lost those shifts. Furthermore, all males are prohibited from applying for any position in female clients' homes. However, female staff are free to work anywhere they please- with male or female clients.
The reason given for this discriminatory and disparate treatment is that males can achieve erections and therefore penetration: that this can cause damage to female clients.
However, such danger does not exist with female staff.
All male staff are seemingly considered to be potential sexual molestors/predators and abusers.
Additionally, males get suspended and investigated on the basis of any allegation that is made. However, females who have allegedly committed the same offense don't.
I feel I have a strong case for gender based discrimination and would like confirmation on this point.
Also, I would like to know if the laws on such discrimination are actually enforced. In the past, I've contacted the EEOC on other matters and been told that they only handle the most serious cases. Essentially, you could be a victim and never see any help or justice. In the past, i've also been told by lawyers that, even though I've had a case and my rights have been violated, that it's not worth fighting: that the cost would far outweigh any positive result.
So, are the laws against discrimination actually enforced or are they just pretty words on paper and only enforced in "serious" cases. Before I take this any further, I would like to know if the law is something substantial or something empty and hollow.
 


A

Attorney_Replogle

Guest
Don't just stop with a filing at the EEOC, your state would have its equivalent version of an employment discrimination commission. I don't know what your state's is called. In California it is the Department of Fair Employment and Housing. As to anti-discrimination laws, they do indeed have teeth and are enforced. Please understand that while all lawyers could agree that Mr. X has been a victim of employment discrimination, they may all choose not to take the case because the amount of money that would likely be awarded to the client is too small to justify the expenditure of time and money. Again, please consult an attorney near you that regularly handles employment law matters.

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Mark B. Replogle
 

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