QUESTION
Would it be considered discrimination if I was declined employment because I was a female?
Asked on Dec 31st, 2012 on Labor and Employment - Colorado
More details to this question:
If I applied for a job that I am qualified for, but was told by the owner that he didn't think he wanted to hire me because I was female and could not perform such things as getting my hands dirty or starting a chain saw (this is a retail business that has at least one female already on staff), is this discrimination?
10 ANSWERS
Bruce A. Coane
Sure, especially if the employer has 15 or more employees.
Answered on Jan 09th, 2013 at 1:30 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It is discrimination. Make a complaint to the Idaho Human Resources Council. They have to investigate first and give you a right to sue letter before you can sue. You must file your complaint within 6 months of the discrimination happening.
Answered on Jan 09th, 2013 at 1:29 PM
Workers Compensation Attorney serving San Bernardino, CA
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Nancy Wallace, Attorney at Law
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I hope you had your tape recorder or video recorder running. Yes, that is classic employment discrimination. Proving it will be pretty tough.
Answered on Jan 09th, 2013 at 1:29 PM
Yes. You would have the burden to prove that that was THE reason. Most discrim attorneys charge a % of the recovery. They usually charge nothing to talk. So, go get an opinion for an attorney that handles EEOC claims. I do not, so you should get an more informed opinion.
Answered on Jan 09th, 2013 at 7:28 AM
Steven Lee Miller
female discrimination is an excellent example of a category that the law recognizes. the next issue is, can you prove it (e.g. witnesses, documents).
Answered on Jan 07th, 2013 at 1:07 PM
Stanley Stephen Spring
Your gender most certainly can be a basis for discrimination.
Answered on Jan 07th, 2013 at 1:07 PM
Yes, this is unlawful discrimination. You should file a charge of discrimination with the Equal Employment Opportunity Commission or the Washington State Human Rights Commission.
Answered on Jan 07th, 2013 at 1:05 PM
Theodore M. Roe
If the reason for the decline of employment was because you are female you may have a claim under both federal and state discrimination laws.
Answered on Jan 07th, 2013 at 11:27 AM
Business and Class Action Litigation Attorney serving Denver, CO
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Kutak Rock LLP
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If the reason you were actually denied employment was based on your gender, your very well may have a claim for discrimination against the prospective employer.
Answered on Jan 07th, 2013 at 11:27 AM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Yes it is. Not hiring you because of your gender is text book discrimination. If he was really saying " I think you are too weak to do the job," that might be seen as legitimate. "I'm not hiring you because you are a girl/woman" is a completely different story and is illegal. Contact the Equal Employment Opportunity Commission.
Answered on Jan 07th, 2013 at 11:27 AM