Sexism at Work

[Try to Fly]

I don't know if this is the right place to put this.

I have been working for my company for a year and a half. For my company that is a really long time. I am hardworking, and am constantly recieving compliments due to my work ethic. I am considered one of the best employees. I am also a woman.
They won't promote me.
I watch boys, much younger then me, get the promotion within hours. My company has me working on register. The promotion is to work on floor. If you work floor you get twice as many hours and a small raise. I have asked and they deny me. No boys stay on register. All girls stay on register.
My manager offered for me to work electronics a month ago. I agreed and studied my handbook he gave me. I was estatic. I kept waiting for my training, but there was always an excuse. Tonight was the night. They promised me it was my night to be moved. I go in and I find the boy I trained on Wednesday in electronics. I was furious. I talked to my manager and he told me that since he took my spot, I can't get it and would remain on register. This boy doesn't know ANYTHING about the store. This was only the second night he worked.

This is what happens with all boys. They refuse to move girls.

I don't know what to do. My father says that I should talk to a lawyer. What do you guys think?

[iradney]

Is there a local labour board in the area? Are there any other girls/women who have applied for other areas and been refused? What was the reason given? Also, have you documented everything?

[JLRodgers]

If they only promote the males and not female employees.... sure sounds like a discrimination thing. Especially when someone new is put in over you.

I'd probably get others in the store (that you know complain about it) "ready" to be used as proof as well, as I'm sure the second the store finds out women will magically appear on the floor, men will appear on the registers, and all the books will "proove" it's been that way forever.

[Jester]

That pretty much sounds like a clearcut case of sexism to me.

The only way it wouldn't be sexism is if you are the only woman they are not promoting. (Whatever they may be telling you to your face about your work ethic, if you are the only woman they are not promoting, it would seem that their problem is with you specifically, not your gender in general.)

But from your post it sounds like this is Just The Way They Do Things. Guys, no matter how green, get to the floor as soon as they can. Women stay on the registers, period.

Here is Uncle Jester's advice: Contact a lawyer and get their opinion on this. If they agree it sounds like a case, you then go into work and speak to the boss/human resources/whoever is in charge of promotion decisions. The conversation should go something like this:

YOU: "I need to talk to you about something."
BOSS: "Yes, do tell."
YOU: "I have been working here a year and a half now."
BOSS: "Yes. Yes you have."
YOU: "In that time, I have received many compliments about my work."
BOSS: "Yes, we think you are a great employee, and an asset to our business."
YOU: "Thank you. However, in that time, despite numerous openings on the floor, and some promises of promotion, I have NOT been promoted, and am still on register. In that same time period, a large number of men who have worked here less time than me, including one I trained just a few days ago, have been promoted to the floor. I want to know why I am not getting the promotion that men with far less experience are getting, and why there are no women on the floor."

Scenario A:
BOSS: "Well, darlin', we just think it's better for the customers to see men on the floor, as customers want to know they can trust the knowledge they are being given," etc., etc., insert more sexist bullshit here.
YOU: "Interesting. Well, I have talked with my attorney, and she feels that this is a classic case of sexual discrimination. She actually called it an easy win."
BOSS:

Scenario B:
BOSS: "I am sorry you feel that way, but I assure you that there is no kind of discrimination here." Etc., etc., insert more politically correct bullshit here.
YOU: "Really?" Detail the numerous examples of clearcut sexist policy here. "And to be honest, I have discussed this with my attorney, and she feels that this is a classic case of sexual discrimination. She actually called it a slam dunk."
BOSS:


The key in all this is to approach your boss calmly and rationally, but armed with information, documentation, and the implied threat of a sexual discrimination lawsuit.

Good luck!

Oh, wow. I just got a call from your boss. It seems that *I* have been promoted to the floor.....and I don't even work there!

[Giggle Goose]

I agree with everyone else. That is BS. Talk to a lawyer just to see what your rights are. There shouldn't be any charge to do that.

I also agree that you should make sure you have everything documented. If you tell people what you just told us you should be fine. GOOD LUCK!!!!

[Try to Fly]

Thanks everyone!

I am going lawyer shopping today. I am pretty sure I have a case. What I'm scared of is this is a MAJOR company. I have known plenty of women that have been upset about the lack of promotion. I already have a former coworker that is going with me to look for lawyers.

Wish me luck!

[wagegoth]

IANAL.

You should contact HR first, but you need to document, document, document. This is especially important if there is any retaliation for you reporting the issue.

Go ahead and talk to a lawyer, but many states require that you file a discrimination complaint with the EEOC or state equivalent before you can proceed with a discrimination lawsuit.

Also, a recent ruling (sorry, I can't find it) said that class actions for certain labor issues were inappropriate. This ruling is not binding on other courts, as it was not the Supreme Court of the U.S. or a state supreme court that made this decision, but major companies are going to use this to fight any labor class action suit.

If the EEOC or equivalent agrees that there is discrimination, but the company refuses to do anything about it, then they will give you a "right to sue letter" that basically gives you permission to go ahead with your lawsuit.

[Rapscallion]

What I'm scared of is this is a MAJOR company.

So, they've got plenty of money for payoffs, right? If they aren't going to do anything about their practices, they should suffer the financial consequences.

Rapscallion

[Hyndis]

Also, see if the lawyer will do it on contingency. That'd work if you have a strong case, and if you lose you're not out any money, but if you win you'll get much less due to lawyer fees.

It all depends on the strength of the case, as I doubt many lawyers would be willing to take up a bad case on that payment method.

First thing I'd do would be to talk to HR about it. Go above the manger's head. Since its a big corporation, they should have a very big and scary HR department, and since the HR department doesn't want to fend off any lawsuits, they could help out.

[Try to Fly]

Wagegoth: Thank you so much for the information. I didn't know that. (Can you tell I know very little about law? )

I have tried reasoning with my company again. They say that I'm (and all girls are) "just not strong enough" to do the jobs required on floor. Bullshit. I have lifted all those "heavy" items all that time to help customers. There are boys there that I could knock over if I breathe hard enough.

[Shangri-laschild]

I have tried reasoning with my company again. They say that I'm (and all girls are) "just not strong enough" to do the jobs required on floor. Bullshit. I have lifted all those "heavy" items all that time to help customers. There are boys there that I could knock over if I breathe hard enough.

I would ask them for a specific weight amount that you have to be able to lift in order to get promoted. That number and being able to prove that you can lift that much with no problem would be more helpful information in your favor.

[Jester]

Go ahead and talk to a lawyer, but many states require that you file a discrimination complaint with the EEOC or state equivalent before you can proceed with a discrimination lawsuit.

I agree, but remember, there is no limitation on you talking to a lawyer so you are fully aware of the possibilities, and so that you are fully informed.

And I DO recommend trying to go through the company's proper channels before a lawsuit....but the implied threat of a lawsuit is excellent ammunition.

So, they've got plenty of money for payoffs, right? If they aren't going to do anything about their practices, they should suffer the financial consequences.

Yes, but they also have plenty of money for high-priced lawyers to fight any potential lawsuit, discredit any potential witnesses, and at worst, delay, delay, delay. There are many companies that would rather tie stuff like that up in court rather than settle or actually go to trial, and would rather spend the money to do so to try to wear the plaintiff down than actually just do the right thing, or even the economical thing.

Not trying to scare anyone here. But this is a possibility. That is why I advocate going through proper channels, though of course armed with legal advice from a professional, and as stated before, the implied threat of legal action.

I have tried reasoning with my company again. They say that I'm (and all girls are) "just not strong enough" to do the jobs required on floor. Bullshit. I have lifted all those "heavy" items all that time to help customers. There are boys there that I could knock over if I breathe hard enough.

This SCREAMS discrimination. Of the bartenders I work with at The Bar, for example, three of them are female. Any one of the three would happily kick the ass not only of these "boys" that are being promoted above you, and would very happily rip the head off of the managers in your company that are making this discrimination official policy. And no, these bartenders are not hose beasts....every one of them is a hottie, and after ripping said heads off of your managers, would outdrink the rest of the male staff, and then go out on the town and ignore most of the guys hitting on/drooling on them. (All of them have boyfriends or fiances.)

I can't get over how antiquated that policy is, and how stupid. Does anyone doubt, for example, that Mysty could kick most guys' asses? Of all the girls I work with, only one has a physical limitation her job due to her size. Specifically, she can't load the ice into the soda machine, as she is too short! (Though she would if she could.)

Your company is so completely full of shit that they are making toilets and cesspools everywhere jealous. Personally, if I were you, I would kick their ass then go find another, BETTER job. I am surprised you have put up with that kind of crap so long. They might as well be telling you that you would be better off married to some guy and in the kitchen, making his dinner. Fucking ridiculous.

[JLRodgers]

I have tried reasoning with my company again. They say that I'm (and all girls are) "just not strong enough" to do the jobs required on floor. Bullshit. I have lifted all those "heavy" items all that time to help customers. There are boys there that I could knock over if I breathe hard enough.

Originally I was going to post something about this... then decided not to.... didn't think they'd be that stupid to say that.

It's fairly simple: Whatever the floor people have to lift -- so do the cashiers. If not, they're giving away a lot of free stuff! On top of that, the cashiers pick up what, 90% of all merchandise? Floor people (other than the stocking part) pick up what, 5%?

Saying it's a weight thing is the #1 reason all your cashiers would be men, and the floor people (with a few exceptions) would be women.

[wagegoth]

Try to Fly, is this only happening in your store, or is it a company-wide thing? If you're not sure, then you should try to go by other stores near you and see if the other stores limit women to registers or if they are on the floor. If it is only your store's management, then getting results through HR will be easier. If it is a company-wide situation, then you will need the government and a lawyer to get things changed.

Women can be firefighters, police officers, truck drivers, and many other professions that require minimum weight lifting.

What I find disturbing is the continued reference to the females in your company as "girls" not "women."

I agree, but remember, there is no limitation on you talking to a lawyer so you are fully aware of the possibilities, and so that you are fully informed.

If you find a good lawyer. That's another problem.

Most of the information you need is available through your labor board, including the options available to you to pursue the matter. I always suggest contacting them first, especially since the service is free to you and you can receive exact information on your rights under the law in matters.

If you decide to talk to a lawyer, something I also advocate, be sure that you are comfortable with this person. Labor and employment has an unusually large proportion of women lawyers practicing in this field, so if you feel better talking to a woman than a man, then you have that option.

If you can get a free consultation, take it. You should also consider that consulting a lawyer may cost you some money, and you may need to talk to more than one to find one who is a good fit for you. You need to find someone who listens, who is a well-tested litigator (they go to court and do well when they do), who is honest with you about your chances, and who will communicate clearly and regularly with you.

With a strong case, you should be able to find someone willing to take it on a contingency basis. Most plaintiff labor lawyers will work this way. Avoid a lawyer who wants a chunk of money up front. Some money up front may be necessary for basic expenses, but anything beyond that indicates a lawyer who is hurting for money. Not good.

If you have any questions (I worked in labor and employment on the defense side), feel free to PM me.

[Try to Fly]

I found out today, it is a company wide thing. I met a woman that works in another store, but in the district that was upset about the same thing.

Sorry about the use of the word girls. The age range of the women that are affected by this are 16 and on. I work mostly evenings so I'm used to working with "girls." I didn't mean it offensive.

I have been looking online for results of lawsuits against my company. Apperently, my company has descriminated on age and disablity as well. The person suing won all the cases I have found. I haven't found one based on gender.