Employment Law Questions? Ask an Employment Lawyer.
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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.
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