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Gender discrimination? GA Georgia Georgia

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  • Gender discrimination? GA Georgia Georgia

    Hi, i am having what I think to be gender discrimination by my employer and wonder if I have a case, as I know Ga. laws are very limited. I have been with this employer since May 08.

    I have been given a verbal warning from my boss and HR (as this was taken from HR) yesterday. I was told if I do it again I would be written up. I asked what I did and the situation; I was told I could not know. I asked how I can I not do something if I don't know what it is? Well, in the end I'm being written up so I can find out what I'm getting the verbal warning for (which i think is very wrong). The only other thing he told me was it had to do with my personality and not my work performance. I know for a fact I am very perfessional with everyone equally. I have never in 20 years in the work force have ever been written up. I always believe in giving superior job performance, and my reviews and raises (from other companies) can prove that.

    The only time I can think of that I was disresptful or anything to anyone was when I was applying for a position oversea's but still within the company. I was told by HR "that I would not be considered for any over seas position because I have a family", "a single mom". Exact words. I told him that what he said was illegal (which it is isn't it?). So, now I'm being written up for telling the company the law. Now there is another position available (that I am totally qualified for) over sea's, which I applied for, and I have not heard anything back.

    There are many other things that they will let a man do, but not I (although its in my job discription, as I want to do my job), for example get up on the latter so I can lay LAN lines. If I get up there I am immedialtly yelled at and told to get down (yes, it may be "gentalmanly", but I want to do my job). When my male coworker went up the latter the same person said "there thats better, with you up there". This was said by the CFO, and my boss's boss's actually defended me by stating according to OSHA regulation I just can't go passed the 2nd to top step, which I was following (this happened at least 3-4 times). So, if I can't do my job because i'm female, how in the world am I going to suceede? I went to college and have my degree so I could support my children without any assistance, and now I can't get a position or do my job just because i'm a female?

    I have never complained formally to the acusations stated above, as I do not feel like that person to make a change. I just want to have a job, but if I'm being written up, which can be eventually a firing because I defended myself, some way I don't think its right (sorry if this affects my kids, and the ability to feed them, the "momma" comes out in me and I want to fight)

    Sorry this is so long, but I appreiciate any comments/direction/advice. Oh and this company has over 1000 empolyee's all over the world. Rough estimate 90% male and 10% female (and most of that 10% is in accounting or HR), and i'm the only female of 4 in my department in our office (no other females in my dept or in the other offices).

  • #2
    One thing to keep in mind is that federal law does not prohibit private employers from discriminating on the basis of marital status. Although some states such as Florida may have enacted anti-discrimination employment statutes prohibiting discrimination on the basis of marital status (see, e.g., Fl. St. 760.10), Georgia is not among them.
    C. Andrew Head, Attorney, Crowley Clarida & Head LLP Licensed to practice in Georgia. The foregoing does not constitute legal advice and should not be construed as establishing or attempting to establish any attorney-client relationship.


    • #3
      Both the comment from the HR person and the employer's refusal to let you perform certain aspects of your job could support a claim for gender discrimination. While the previous answer was correct--i.e., federal law does not specifically prohibit discrimination based on marital or family status--the Equal Employment Opportunity Commission takes the position that discrimination based on "caregiver status" may often constitute unlawful gender discrimination. This can occur where the employer treats single mothers differently than single fathers. In addition, the fact that adverse action is being taken against you based on your complaint would support a claim for retaliation. You should fight back. If you would like a free consultation, please contact me.
      Gregory R. Fidlon, Attorney at Law, [email protected], Law Offices of Gregory R. Fidlon, P.C., Licensed in Georgia and New York. The foregoing does not constitute legal advice and should not be construed as establishing or attempting to establish an attorney-client relationship.