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TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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I work for a Retail company as an Co Store Manager. Park of

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I work for a Retail company as an Co Store Manager. Park of my job duties is to actively recruit sales members to my team. 2 months ago I hired about 14 associates, some being male and female. I recently found out by another Manager that My District manager told my Store Manager that I hired too many guys and that we need to get rid of some, as well as I can no longer Hire because I hire to many guys. I was never told this but was told I had to many responsibilites so this is why my Store Manager will do the hiring. I've already noticed that after my Store Manager has taken over the hiring, she has not hired 1 guy. I feel that this is Discrimination and uncomforable working there now. Please Help?
Hi,

Thank you for your question.

Other than the fact that your store manager has hired only women since taking over the hiring process, has there been any direct adverse action against you or verbal attacks which create a hostile work environment?

I look forward to hearing back from you.

-ZDN
Customer: replied 3 years ago.

Hi,


Thank you for your quick response. Yes there has been verbal attacks against me, stating why did I hire so many guys, and telling me that the District Manager doesn't like to hire guys, which creates a hostile work environment everytime I schedule multipe males to work on a scheduled shift. I always state that there is no guideline that states how many guys or girls I should hire but to soley base the decision to hire if they meet the requirements and answer the correct answers during the interview.

The area of law your problem involves is hostile work environment based on gender discrimination. It becomes a somewhat sticky area because proving what is and what isn't a hostile work environment is often in the eye of the beholder (i.e., its different from if you were flat out fired based on gender discrimination). Generally, a hostile work environment means that the level of negative activity against you has made it impossible for you to continue working there. It involves more than slight discomfort.

However, whether or not it has risen to the hostile work environment level does not impact the actions you should take. First, you should speak to the company's HR department at the corporate headquarters and file a complaint about what is going on in your department, citing that you feel it has specifically created a hostile work environment and needs to be addressed. Any complaint of this nature is protected by the law, i.e., if they fire you because you made a complaint about gender discrimination, you definitely have a claim you can bring. If the HR department does not address the situation satisfactorily, or you feel even more discrimination against you, then you need to contact the local EEOC (Equal Employment Opportunity Commission) to file a formal complaint for hostile work environment based on gender discrimination. To file such a complaint you will need to contact the local EEOC office and make an appointment to go in.

Please let me know if you have any questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further working together on your questions.

Best Regards,
ZDN
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