Legal Corner

nothing illegal
castandreceive 5704 reads
posted

Sounds like discrimination was in place, but not the kind that is unlawful in most places.  For the same reason Ford can hire hot chicks and choose to have them pose in bikinis next to the new Mustang as opposed to some guy named Fred with a pot belly who assembles door locks.

How were you damaged?  Were you upset that you are not an attractive female?

A company can fire you for being ugly if they wish.

ddmanbusty9236 reads

Ok, I am a white male who has been employed for about 14 months at a small company, roughly 20 people.  This place really has only one office worker who I guess is the office manager.  Recently we started some new business that entailed making phone calls, anyway I was setup at a desk that based on its location to the door could be considered the receptionists desk, I am not the receptionist nor do they have one.  Today we had a potential new client coming in and I was told that at 100pm that they were going to move me into another office and move out to this desk a contract worker who has been working with us for two months.  This person is a female.  

Now, to me I just experienced sexual discrimination from my employer.  

I am looking for some honest feed back and if there are any lawyers reading this your opinion would be great.  

I dressed the part today, sweater, nice pants and shoes and even shaved.  I knew going in that they were going to do this (gut feeling) and it actually happened.  Is this a form of discrimination or am I off base with this.

Thanks in advance.

So you moved into your own office from the "desk on the common floor" that was near the door? The person who took your old desk was a female. You think you were sexually discriminated against? Wouldn't a move to your own office be a step up?

You wore nice pants and shoes to work, and even shaved? You wouldn't do that on any other day at work?

I am confused, I am thinking of the move to your own office as a "kinda" promotion and to keep you from having to "act" the part of receptionist (I am assuming you were not hired to be a receptionist).

(As mrfisher invariably says....still not a lawyer) :)

The only way you were sexually discriminated against would be if you were or wanted to be the receptionist and were moved away or denied that position because you are male.


-- Modified on 11/19/2007 11:23:46 PM

Where you sit is irrelevant. Are you doing the same work that the contract worker does and are you being paid the same? It's probably tough to tell since contract workers are paid by an third party who, in turn, is paid by your employer. I think your argument is kinda weak. I'm not a lawyer either but I have managed people and had to deal with this sort of thing in the past...
Honestly I can't understand why you even care that your employer chose to turn a female contract worker into a sex object/cute window dressing instead of doing it to you...

Again, not being a lawyer, but the real issue in prosecuting a discrimination case is to prove that you have been materially harmed in some way.

If your wages, benefits and other tangible features of your job are unaffected, then even if you did prove sexual discrimination (and I think that would be a stretch), then the best you could hope for is a decision that acknowledges that but allows for no compensation.

This came up with Bill Clinton in a sexual harrassment case from an Arkansas public employee that supposedly shunned his sexual advances when he was governor.  Since her career with the state remained unimpeded, the fact that he might have caused her to feel sexually harrassed was not enough for her to win damages agains Slick Willie.

(still not a lawyer)

Or are you trying to make a fast buck by litigating...a favorite hobby of many in this country.

Have you ever considered thanking your employers for keeping you on the rolls even though you don't shave or make yourself presentable at work.

You really need to ask yourself, if you want to be part of society or just be tolerated by it.

BTW forget about discrimination...you will not win.

(Not a lawyer, just using common sense)

tokai6026 reads

Were you hoping to meet the potential new client, and the lady was moved there in order for her to meet the client? Why would they have a contract worker meet the client?

If location has nothing to do with you doing your job, what's the discrimination?

If I was the lady, I could be upset for type casting (wanting her to look the receptionist part). That could be a harassment suit.

I think you need to give more details if you want a helpful reply.

RJ995770 reads

You said that you weren't the receptionist in the first place, and they didn't HAVE a receptionist. It was just a convenient place to put your desk. Then they (management) decided that they wanted to have a receptionist, regardless of why that was, and they decided to use a contract employee. So what? What is your grievance unless they also cut your pay or gave your real job to a female? Having been an employer, with as many as 500 people working for me at one time, it is those types of nonsense complaints and shit like that, which finally made me decide to sell everything, close shop and retire. Not worth the agravation just to create jobs. I'm always amazed at some of the complaints we would get about nothing. Employees somehow seem to think that they own their jobs and that we who created those jobs, owe them a living. In fact, we created the jobs and offer them to employees in return for them helping us operate the company effeciently.

Sounds like discrimination was in place, but not the kind that is unlawful in most places.  For the same reason Ford can hire hot chicks and choose to have them pose in bikinis next to the new Mustang as opposed to some guy named Fred with a pot belly who assembles door locks.

How were you damaged?  Were you upset that you are not an attractive female?

A company can fire you for being ugly if they wish.

Register Now!