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I j have been denied a promotion because my communication…

Customer Question
I j have been...

I j have been denied a promotion because my communication style is considered to "too direct." yet all the male managers in my office including my boss communicate in the same direct manner

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

No

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Yes at will. no union.

Submitted: 22 days ago.Category: Employment Law
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6/1/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 22 days ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,239
Experience: Significant experience in all areas of employment law.
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Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

I assume you mean to ask whether you have any legal remedies here. That being your question, certainly if you could show that you would have received the promotion but for the fact you are female, you would have a claim. However, that would require more than your assertion that all male managers communicate in the same way. Communication styles cannot be quantified, and I suppose that is the heart of the problem. Communication is not just about the words used but how they are said, general attitude, etc. Reasonable people can disagree as to whether someone has the "same" style as someone else, or whether someone is a good communicator.

So, while I appreciate your frustration here, you would likely need more evidence to support a gender discrimination claim, such as derogatory comments about women, or a very clear patter of applying different standards to female employees. You would also have to prove that you WOULD HAVE gotten the promotion, but for this gender discrimination, since if you can't show you would have actually been promoted you have no damages associated with the discrimination.

You could certainly file an EEOC complaint and have them conduct an investigation, but from a practical standpoint I'm not sure this is wise without evidence beyond what you have described to support gender discrimination. I have never seen an employee sue their way into a promotion. Although it is illegal to retaliate against an employee for filing an EEOC complaint or discrimination suit, the unavoidable reality is that such things cause irreperable damage to the employment relationship and are very hard to move past. It's generally only best to do when you have very compelling evidence.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications, and the information provided is not legal advice.

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Employment Lawyer: Patrick, Esq., Lawyer replied 21 days ago

Hello again,

I just wanted to followup because this question was still open and I have not heard back from you. Was there anything more I can do to assist you? Did you get a chance to review my answer to your question? Please let me know....

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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