Discrimination - Making me do a manager's job, but paying me as a supervisor.
Is it considered discrimination if I am singled out to retain a job that the department has eliminated? I work in a technology project management organization. All employees are exempt. In April, they eliminated the supervisory role, made all supervisors, except me and one other woman, project administrators who reported to managers. I've had the same job as the managers with a workload larger than some. Year-end came and though I was rated an 'exceeds' (top 25% of the company), I was not promoted. I feel I am being set up for failure and in the meantime they are hiring individuals from other departments with comperable or less experience into the manager role. I'm going to request they move me to another team as a project administrator, but wanted to check if this sounds like discrimination first. I might be willing to pay for consultation, but I will not check that box without more information.
2 answers | asked Dec 20, 2006 5:33 PM [EST] | applies to Pennsylvania
Answers (2)
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, promoting less qualified men over a qualified woman satisfies the first part of the legal test for discrimination. With your high performance rating, promoting a less-qualified male over you raises an inference of discrimination. The employer may be able to rebut the inference by showing a legitimate business reason for its actions, but you would have the opportunity to show that the employer's reason is merely a pretext for discrimination.
I cannot determine whether you have a claim without more facts, in particular the specifics of each promotion, the promoted person's qualifications and the reasons provided for not promoting you.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Dec 21, 2006 10:46 AM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, promoting less qualified men over a qualified woman satisfies the first part of the legal test for discrimination. With your high performance rating, promoting a less-qualified male over you raises an inference of discrimination. The employer may be able to rebut the inference by showing a legitimate business reason for its actions, but you would have the opportunity to show that the employer's reason is merely a pretext for discrimination.
I cannot determine whether you have a claim without more facts, in particular the specifics of each promotion, the promoted person's qualifications and the reasons provided for not promoting you.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Dec 21, 2006 10:46 AM [EST]
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