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legaleagle
legaleagle, Lawyer
Category: Employment Law
Satisfied Customers: 13441
Experience:  Practicing Attorney for 10 years
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what are my chances of winning a discrimination law suit based

Resolved Question:

what are my chances of winning a discrimination law suit based on gender if there was no one was hired?
Submitted: 4 years ago.
Category: Employment Law
Expert:  legaleagle replied 4 years ago.
Very slim. You have to show that you were not hired due to your sex and it is hard to do if the employer did not hire anyone. If you show that only females applied and they hired no one you can try to prove that the assumption is they did not hire anyone because there were no male applicants, or that their entire workforce is male and that is why no one was hired.
Customer: replied 4 years ago.

That means I cannot win this case. Basically, the way it works in my organization is that a list is established for a promotional classification. I was one of the two top women on that list from my department. There was a budgeted and opened promotional opportunity in my department and the manager decided not to fill it up. Two of my co-workers told me that the manager told them that he will never promote me.

Expert:  legaleagle replied 4 years ago.
It does not sound like you have a strong case. The manager not wanting to promote you can be based on many reasons that are legal but if he did not say "I will never promote a woman" or "I will never promote her because she is a woman" then there is no evidence he based his decision on your sex, it could be just because he does not like you which is legal but not fair.
Customer: replied 4 years ago.
How about this? Approximately six months before the examination for that promotional opportunity opened, a male employee was moved to a project that gave him the experience that is part of the examination interview. Unfortunately, this male employee even with that edge, did not score well. When he was reachable, that's when an attempt to fill up the position was made. However, it was decided not to fill up the position instead.
Expert:  legaleagle replied 4 years ago.
With this set of facts it does sound more like there was discrimination. The case is not a slam dunk since you do not have a discriminatory statement in writing or recorded. But you have a more than 50% chance of winning. You can start by going to the Equal Employment Opportunity Commission (EEOC) to file a complaint, and this is free, and if they find enough to prove your case they can help by setting up a mediation or giving you a right to sue letter and then you can hire an attorney.
Customer: replied 4 years ago.

Up until March of 2009, it was unknown to me that a violation of the equal employment opportunities on the basis of gender occurred. It was because no one was really hired instead of me. There was an opened and budgeted Promotional Position (PP) at the time when I was on the PP list and reachable the first time a certification was requested. The PP list expired in September 2009 and the opened and budgeted PP in Section X of Department remained unfilled. How could I have known that a discrimination on the basis of gender occurred?! No one was hired. In March of 2009 two of my co-workers told me that Manager Male (MM), spoke to them and stated that he will never promote me as a PP. This explained why the PP was hidden and never filled up. In fact, back when I went to be interviewed by other departments, I asked MM if there was any PPs position within Section X, he said there was none.

First, let me bring to your attention the unfairness in employment practices in Section X. Approximately six months before the herein mentioned PP examination bulletin opened up for filing, Male Co-Worker (MC) was picked to lead Project X. Part I of the PP examination interview dealt with the experiences that MC gained on ProjectX. This may be a coincidence. However, if the MM had submitted suggestions on interview exercises and questions for the herein mentioned PP examination to the Department, then, it can concluded that a collusion to attempt to advance one employee (a male) over another (female) occurred. Also, if you look at the gender of all three PPs within Section X, they are all male. With other Section X staff, it was easy to gather experience on other areas, with me the only way for me to do it was to take on more responsibilities, on top of the current workload I had. Instead of becoming a pessimist, I developed excellent time management and organizational skills so that I can accommodate the extra load.

Could it be that I lack the required skills, knowledge, and abilities required for the PP? If I did, I would not have qualified for the PP examination. In fact, I claim that some of the assignments I have handled and currently handling are at the level of PP, if not higher. Four months after I was hired, I became under the supervision of MM, an Assistant Manager at that time. Naturally, without a PP above me, I took the sole responsibility of managing the project I handle.

Not only was I robbed of the PP promotion herein mentioned, I was also robbed of the opportunity to take the Next Level Promotion (NLP) examination. One of my co-workers mentioned that MM was one of the proponents to have the minimum requirement for the NLP be changed to two years of experience at the level of PP and removing the other option of satisfying the minimum requirement, which was four years of experience at the level of Lower than PP

What do you think?

Expert:  legaleagle replied 4 years ago.
Since you have known about this since March 2009 you can no longer file the EEOC complaint but you can sue since it has been less than 2 years. It sounds like you have a good case and at least enough to get the employer to settle with you for damages and a promotion.
Customer: replied 4 years ago.
oh, no it was March 2010
Expert:  legaleagle replied 4 years ago.
Then you can still either. With the EEOC you need to file within 6 months.
Customer: replied 4 years ago.
question is, can i use march 2010 as my date? when if learned from this co-worker about the statement that this manager said about not promoting me?
Expert:  legaleagle replied 4 years ago.
Yes you can.
Customer: replied 4 years ago.
thanks. anything that could make my case win better result?
Expert:  legaleagle replied 4 years ago.
Have anyone who will give you written statements to support your claims.
Customer: replied 4 years ago.
does the statement have to be notarized?
Expert:  legaleagle replied 4 years ago.
No.
legaleagle, Lawyer
Category: Employment Law
Satisfied Customers: 13441
Experience: Practicing Attorney for 10 years
legaleagle and 4 other Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
Thanks, Shelley.

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