If a sole part time position was held by a sole minority female for 8yrs until transferring out of state (NC) to get a full time position; is then replaced and upgraded to full time position and filled by caucasian male. Is that a form of discrimination? Since then male num one, the replacement, has also transferred and the position has once again been replaced by a caucasian male in a full time capacity. The minority female was never offered the opportunity to be upgraded to full time in 8yrs along with the amount of weekly hrs needing to be monitored and justified. If this is discrimination is there a statue of limitation in the state of New Jersey? :(

What EVIDENCE do you have that the position was upgraded BECAUSE OF the race and gender of the new employee in the position?

What were management's reasons for upgrading the position and making it full-time? There are many reasons why the change could have come after you vacated the position, including that the company re-evaluated the position when it became necessary to replace you but had no need to do so previously. Maybe they couldn't find anyone suitable to fill the job on a part-time basis and were forced to make it full time.

While you were in the job, did you ever request that management make the job full-time or indicate that it needed to be a full time job?

How long as it been since you left the part time job? Were any minority females employed in full time jobs at the company while you were working part-time?

we weren't privy to any explanation of why the position was upgraded or what factors it was based upon. as far as asking that the position to be upgraded anytime during the 8yrs, there was no request made by the employee. mgmt made it clear that any hours above 28 were to be avoided and needed to be justified. as far as other females within the company working as part-time employees, there are 1,000's this is a top 10 corporation. there was however, one other strange incident, whereas a mgr, inadvertly distributed a derogatory e-mail pertaining to this employee department wide to hourly employees just prior the employee's transfer.

If the employee never requested the position be made FT, it would be hard to argue that it was denied because of gender. You can't deny what isn't requested.

One email sent just before the employee transferred is not evidence that the employee was kept at PT only as a way of discriminating against her because of her gender.

You also didn't answer how long ago this occurred.

thanks for the imput on this situation..i'll be sure to pass it along...to answer the question how long ago this transpired...it has been 2 years since the incident..

Then even if there was illegal discrimination, which is by no means certain, it's too late to do anything about it. You've gone over a year beyond the statute of limitations.

Technically, the SOL begins to run when the individual knew or should have known that she may have suffered illegal discrimination. If the minority female had just learned about the disparity and there was no way she could have known earlier about the disparity, she could still be able to raise a claim.

However, I don't think the facts as presented suggest a timely claim. It appears that the minority female was aware that the first male non-minority replacement held the job on a full time basis. The SOL would begin to run when she became aware of that. Then, if the company has hundreds of minority females in full time jobs, without something to distinguish the position she held from all of those, it's going to be hard to argue that they didn't want her to have a full time job because she was a minority female.

It appears that the minority female was aware that the first male non-minority replacement held the job on a full time basis. The SOL would begin to run when she became aware of that.

Yeah, I know. That's why I answered the way I did. :cool:

[I]
Yeah, I know. That's why I answered the way I did. :cool:

I wasn't questioning your judgment or information. I rarely do. I just have this need to provide lots of details and really basic information.