QUESTION

Is it discrimination if my employer has not promoted any females to a position in 22 yrs only males, They recently changed the qualification for the

Asked on Nov 14th, 2012 on Labor and Employment - Illinois
More details to this question:
then after all the positions were filled, they ordered the females to do the job.
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1 ANSWER

Labor and Employment Attorney serving Atlanta, GA
2 Awards
It is lawful for an employer to choose those employees whom the employer judges to be best suited for a job (this is discrimination which is not illegal and which simply means to make a choice based on a judgment about some criterion for the choice).  If the employer's judgment is determined by or based on the employee's gender, however, the choice becomes unlawfully discriminatory. The fact that he has not promoted a woman to a position for 22 years certainly does raise a suspicion that gender may be the basis of his choices. It is not, however, conclusive. If women are performing the same job as men, and if the women are paid less for the job (even if they have different job titles but so long as they are performing the same duties, under the same job conditions, with the same level of performance and the same job tenure) the employer may also be violating the Equal Pay Act.    Michael Caldwell 404-979-3150
Answered on Nov 15th, 2012 at 12:32 PM

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