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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19182
Experience:  Employment/Labor Law Litigation
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I was a controller of my Company. My employer put me in

Customer Question

I was a controller of my Company. My employer put me in another position and offered my position to someone less qualified than me and put him in a position two levels above me. They also made me report to someone at a lower level than me. I am a female and in my Company there are only males in director level positions and above. What are my options?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

If the employer has at least 15 employees total, then you can file a claim that the employer is making decisions based on gender. You have to be able to argue more than just those facts you've mentioned here. I'm not saying these facts are not enough, but you have to be willing to take the next step of saying "and I believe that the employer's decision is based on gender discrimination." That has to be your allegation, because the facts here alone are not sufficient to establish a claim. They are just sufficient to show the framework of a claim.

If the employer can state a legitimate, non-discriminatory basis for changing people's jobs, then they will defend your allegation. Courts have long ago done away with the statistical argument, pointing at the fact that only males occupy a certain position. It can be made, but it is not dispositive. It is just suggestive.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.