Seeking Varied Opinions

[Gamukak]

OK, heres the situation:

I work for a State agency. The last two months I have been moved into a position that would be a promotion for me (after the girl who was doing it was promoted). The position was advertised, interviews were held, etc.

Today I was told by my boss that I would not be getting the position. When I asked why not, since I have been doing the job for two months now with excellent reviews, I was told that they wanted to put a young female (who's only experience has been clerking at Blockbuster) because that would "Present a better image". I was also told if I complained about it, I would be ruining my chances for ever getting a promotion within the agency.

Any suggestions? At this point I am about ready to torch the building Im so pissed off.

[Hulkein]

Bullshit, plain and simple.

[peam]

I'd beat her to death with a fire extinguisher, skin the body, and assume her identity.

[TheRoseLady]

Originally posted by peam
I'd beat her to death with a fire extinguisher, skin the body, and assume her identity.

This has got to be one of the funniest things I've read in a long time.

[Gamukak]

Originally posted by peam
I'd beat her to death with a fire extinguisher, skin the body, and assume her identity.

Tempting, but its not her fault. My fucking cunt of an office manager on the other hand.......

I think what really pisses me off is if an employer was to come to us and say He/She only wanted to hire Female/White/Black/whatever, our office manager would shit a brick over it, but she has no fucking problem with hiring someone based solely on looks and sex

[HarmNone]

A lot depends on whether you wish to continue to work for said agency, or to become a whistle-blower. What they've done is discriminatory. Whether or not you decide to pursue that angle is up to you, and should be decided based on what you want for yourself.

[AnticorRifling]

Originally posted by HarmNone
A lot depends on whether you wish to continue to work for said agency, or to become a whistle-blower. What they've done is discriminatory. Whether or not you decide to pursue that angle is up to you, and should be decided based on what you want for yourself.

Whistle-blower protection act is there for a reason. I'd sound off like a fucking klaxon horn and let it be known that just because my meat swings I'm not getting a job even though I'm the best selection for the position.

Of course I recommend you do it tactfully first and if that fails I give you permission to impersonate Cpl Pinkerton and let them know why they have about a heartbeat and a half to fix the situation before someone is shitting teeth. Then explain that some people take the ability to chew solid food for granted.

[HarmNone]

I agree, Anticor. I'd be raising holy hell because it's my nature to do so. However, even with the whistle-blower act in place, the work place can become a very miserable place to be if you have enemies in the wrong places.

It's a choice you have to make. I'm a rabble-rouser by nature, so I'd take it on. Everyone, however, isn't built that way.

I almost pissed myself when I read peam's suggestion.

- Arkans

[Gamukak]

Originally posted by AnticorRifling

Of course I recommend you do it tactfully first and if that fails I give you permission to impersonate Cpl Pinkerton and let them know why they have about a heartbeat and a half to fix the situation before someone is shitting teeth. Then explain that some people take the ability to chew solid food for granted.

I like the way you think.


The situation they have me in is there might be another position opening in a couple of months....if I keep my mouth shut, I will be considered for it, if I bitchslap them with this, no way will I be considered. Problem is the next opening will also be a promotion for Cutesy and she will be higher on the roster than me due to her position. My gut instinct says she will get it too.

Fuck it, I'm calling DOL in the morning and finding some shyster who lives to sue.

[HarmNone]

Heh. That's what I'd do, Gamukak. It's not an easy road, but I wish you good luck with it! :up:

[Soulpieced]

If they specifically said they're not promoting you because they want a woman (not as qualified) as you are, they can be in deep shit.

[MPSorc]

with government and state agencies EO is a real serious matter, i would take it one step higher than your immediate supervisor if it is your immediate supervisor that is the problem.

[Gamukak]

My immediate supervisor says its bullshit too...she went freaking berserk.

Exact quote from the Office Manager "We are hiring her because we think having a young female in that position would give a better image"

For me it would have been a promotion, she is a complete new hire, her only work experience has been 19 months at Blockbuster.

[longshot]

Get it in writing.

Go to a lawyer.

edited because I screwed up a four word sentence...

[Edited on 2-24-2005 by longshot]

[Gamukak]

I dont think the manager is stupid enough to put it in writing...can always hope, though.

She WAS stupid enough to say it in front of my immediate supervisor who is leaving in April anyway and doesnt have jack shit to lose.

I wonder if as part of the settlement I can be allowed to bitch slap the boss with my dick? On Video? Maybe thats asking for too much, huh?

[4a6c1]

About the lawyer thing. Please be certain you can connect the discimination with a corporate decision or you will have no case.

I'm not sure about the media in your town but if you have a news broadcaster that airs Consumer reports/employee reports issues, you might want to contact them to do your whistle blowing for you. Just a suggestion. It works in Houston.

*Also, Peam is sexy when hes homicidal. :D

[Farquar]

The first thing to do would be to visit EEOC.gov. It's a pretty helpful site.

The next step would be to speak with an EEOC officer and/or attorney to determine the next course of action. Make sure to look for a lawyer that specializes in labor/employment law.

From a purely evidentiary standard, it seems like you're way ahead, and you appear to have a good chance of winning your case. The average EEOC settlement is around $30k or thereabouts. You should also consider other factors, such as how much you really enjoy working there, your general level of expertise and education, your ability to find a comparable job, your family responsibilties, etc.

Of course, you will likely have to look for other employment at the end of it all, but why would you want to work at a place that discriminated against you in the first place?

[Gamukak]

only 30K? Damn, I was hoping for 30 mil and the right to slap her, on video, with my dick.

I do enjoy working there very much....this being a small town, odds are I will have to move after I sue.

Well, Im going back to my evening of drinking. I'll post more tommorow. I might go down to the office and piss on her desk tonight...think I'd be a suspect? :grin:

[Jorddyn]

Originally posted by Gamukak
only 30K? Damn, I was hoping for 30 mil and the right to slap her, on video, with my dick.

I do enjoy working there very much....this being a small town, odds are I will have to move after I sue.

Well, Im going back to my evening of drinking. I'll post more tommorow. I might go down to the office and piss on her desk tonight...think I'd be a suspect? :grin:

Yea.

And if you're serious about suing, I highly recommend you stop making such comments, even in passing, whether posted on the internet, in your journal, or to coworkers. Imagine standing in front of a jury, them pulling up this thread, and them using it to point out that you're just a bitter guy who got passed up for a promotion, and is hoping to make 30 mil off a lawsuit.

I'm not saying that's what you're doing, I'm just giving a little unsolicited advice :)

Jorddyn

[Farquar]

I'd have to agree with Jorddyn here. Don't do anything that would compromise your already strong position. Be careful with what you say to others and how you conduct yourself in public. Continue to do your job to the best of your ability.

Trial is a lot like poker. If the other side knows you've got the winning hand, they will know it's in their best interest to fold. If they sense weakness, however, they'll go after you with a deposition, and you really don't want it to get to that point.

[Killer Kitten]

Start looking for another job. Quietly. Immediately. Don't quit this one, don't make a fuss, just do your work to the best of your ability, smile and yes them to death.
When you find the other job, give this one two weeks notice and train your replacement to the best of your ability.
Don't burn your bridges, leave on good terms. But leave. The last place you want to work for is a place that would do to its employees what was just done to you. The way in which you leave a job, even one that screwed you over, is a big reflection on you and your professionalism. Let them come off looking bad and losing.

[Suppa Hobbit Mage]

Quit. Today.

Get a job with people you like. Now if you get it, would you even want to continue working there knowing that they operate that way?

Find a place you enjoyr working at.

[Gamukak]

Yep, spent a good chunk of today putting in resumes. Definately planning on leaving, but fuck em if they think they are getting 2 weeks notice...I get a call that says we need you now, Im gone and they can kiss my ass on the way out.

[Shari]

ROFL peam.

I'd offer advice, but everyone else has given great ideas so far.

[Tsa`ah]

Originally posted by Gamukak
The situation they have me in is there might be another position opening in a couple of months....if I keep my mouth shut, I will be considered for it, if I bitchslap them with this, no way will I be considered. Problem is the next opening will also be a promotion for Cutesy and she will be higher on the roster than me due to her position. My gut instinct says she will get it too.

Trust your gut, but use your head.

Chances are very good that you're just getting lip service to keep you passive. If an employer has no reservations about screwing you over once, they'll do it a second time without blinking an eye.


Originally posted by Gamukak
Definately planning on leaving, but fuck em if they think they are getting 2 weeks notice...I get a call that says we need you now, Im gone and they can kiss my ass on the way out.

Bad choice. Again, trust your gut but always use your head.

Do it by the books. If you're going to quit, give notice. Not giving notice is giving them permission to give you a bad reference. As a rule, I "file" the resume/app the first time I get a "quit without notice". No employer likes being left hanging.

Also, if you quit (with or without notice) you could damage your chances of legal recourse. How convincing does that look to a judge? You like the workplace, you like the job, but you quit without notice before your case could be heard or any issue could be addressed by your employer.

This is sexual descrimination by definition, your case is strong. Stay, fight win or quit with notice, drop the case, and find greener pastures.

[Edited on 2-24-2005 by Tsa`ah]

[HarmNone]

Having carried similar flags before, I'll reiterate one truism: Pursuing this matter is not going to be easy. However, it does appear you have a good case for discrimination, if your immediate supervisor doesn't waffle on you when the trouble starts. I can guarantee you, it will start.

If you really want to stay where you are I'd consider long and hard before I entered into any action with regard to this issue. If you decide to go ahead, just realize you're in for a rough ride whether you win or lose, and will probably end up working elsewhere, no matter the outcome.

HarmNone, queen of the rabble rousers

[Killer Kitten]

Originally posted by Gamukak
Yep, spent a good chunk of today putting in resumes. Definately planning on leaving, but fuck em if they think they are getting 2 weeks notice...I get a call that says we need you now, Im gone and they can kiss my ass on the way out.

I was going to give reasons why you shouldn't do this, but Tsa'ah summed it up quite nicely. So I'll just add this one thing: You should do it by the book and nicely because that will serve your own interests better.

I know it bites not getting some kind of revenge or giving them some kind of statement, but it is in your best interest professionally to act a lot more mature than they are. Even if you sued and won the promotion, that would likely be the last one you ever got, except perhaps one more into a nice little dead end job where you would rot professionally for the duration of your career.

Get out, start over elsewhere, and do it in a professional manner. Any other way and they win.

[Myshel]

I agree with do it by the book rational. Women have been getting shafted for years in this manner, and it doesn't look good when you sue a company. It marks your work history as a bad risk whether it was deserved or not. If you want to stay in your field, the way you handle this will make or break your career.

Look for another job, blow off your steam here, train her to the best of your abilities. Just think she might be so incapable (remember she has no experience) you might get the job in the end anyway.

[AnticorRifling]

Originally posted by Myshel

Look for another job, blow off your steam here, train her to the best of your abilities. Just think she might be so incapable (remember she has no experience) you might get the job in the end anyway.

Fuck her. Don't train her in shit. She got the job because she's "qualified" let thos qualifications shine.

[GSLeloo]

Even where I work, at Stop and Shop, the way it's been going in the company is that they're only making females store managers. Not really sure why...

[Shari]

Do you have any vacation time built up? If you do, I say quietly get a new job, put in your two weeks, and then tell them you're cashing in the vacation time to lessen that even more.

If they ask you why you're leaving, call them out on their bullshit. (Professionally, of course.) Finish up there and get the hell out.

[DeV]

I can't add much... but I will say this, document everything you can starting from the day you learned you weren't going to be promoted and the reason you were given.

[Parkbandit]

Is the young girl hot? If so, sexually harass her until she quits and take "your" job back. If they say anything about SH.. just let them know you saved them a whole lotta litigation by not sueing them to begin with.

It's a win/win... you get to sexually harass a hot girl AND you end up with your job.

:D

[GSTamral]

<<<
Bad choice. Again, trust your gut but always use your head.

Do it by the books. If you're going to quit, give notice. Not giving notice is giving them permission to give you a bad reference. As a rule, I "file" the resume/app the first time I get a "quit without notice". No employer likes being left hanging.

Also, if you quit (with or without notice) you could damage your chances of legal recourse. How convincing does that look to a judge? You like the workplace, you like the job, but you quit without notice before your case could be heard or any issue could be addressed by your employer.

This is sexual descrimination by definition, your case is strong. Stay, fight win or quit with notice, drop the case, and find greener pastures.
>>>

Do you really want to take advice from a jobless wonder regarding how to handle a job situation?

[Parkbandit]

Give it a rest Tamral. Wasn't it you that used the phrase "Well, he started it" in another thread?

Hypocrite.

[Wezas]

Originally posted by GSTamral
Do you really want to take advice from a jobless wonder regarding how to handle a job situation?

Jesus FUCKING Christ, grow up. He's trying to help by giving advice and you come back with that shit.

----------------

On topic - I don't know about the laws in your state, but if there's any chance you can get her to say it again (with you being wired to record it), that would definately help your case in court.

It would, of course, be up to the lawyer to use the evidence or not.

[Geoff]

My wife's an HR director with a nonprofit and deals with this kind of stuff ocassionally. They've settled every single discrimination suit brought against them the last 5 years (Some blatantly fraudulent) because their lawyers are scared of a big jury settlement.

Don't give them cause for dismissal and feel out your supervisor for what he'd do if asked for a deposition. Sounds to me like you're in the money

[Tsa`ah]

Originally posted by GSTamral
Do you really want to take advice from a jobless wonder regarding how to handle a job situation?

You assume to much. :jerkit:

He asked for advice and I gave him very sound advice based on my perspective as a manager and one who hires, past, present, and future.

[OreoElf]

Originally posted by Gamukak
Yep, spent a good chunk of today putting in resumes. Definately planning on leaving, but fuck em if they think they are getting 2 weeks notice...I get a call that says we need you now, Im gone and they can kiss my ass on the way out.

Sometimes giving your two weeks notice is good to have for job history... unless you have prior history to back you up for your resume...

Second you can contact the lawyers and organizations and talk to them about what can be done without taking action. See how you feel about it...

Finding another job asap is a good thing, but the best advice I can give you is do what will make you happy without hurting other people. :saint: