Legal Question in Sexual Harassment in Florida

Gender Discrimination at Work

I was appointed graphic and web designer at a small internet marketing company, composed of five men and myself. I was given marketing responsibilities which I agreed to since my degree and career is also in marketing. One day I was approached by the CEO, and told I would be answering the phone. I was taken aback since I do not wish to take on such a job. I have been a professional in my field for the past five years. He then offered the reason why he wanted me to take on the duty as ''We need a female voice to pick up our telephones.'' I felt offended at this comment since I do not want to be cast in a stereotypical position just because I am a woman. But I did not put up a fight since I had just started and did not want to loose my job. However, very slowly my boss was offering me more and more ''secretarial'' tasks to do and though I am very reluctant I did not confront him yet because I am now awaiting a salary review. None of the other male employees in the office are asked to perform any of these tasks but me. My question today is- Is this legal? And what is the best way for me to approach my boss without loosing my job or interfering with my salary negotiations? I thank you for your help.


Asked on 1/13/04, 3:10 pm

5 Answers from Attorneys

Re: Gender Discrimination at Work

You may have a legitimate complaint of sexual discrimination, but it is a difficult case unless you can prove damages. For example, if your career path is hindered by the secretarial duties, it strengthens your claim. On the other hand, if your pay and benefits are the same, and your career is unaffected, it is a difficult case to make.

But you seem more interested in a diplomatic solution so that you can keep your job, be considered for the raise, and get back on track with your marketing duties. That is wise because litigation is a time consuming and difficult process, but you are in a tricky situation. In my experience, the best way to approach this is to be straightforward with the boss. Ask for a few minutes and explain that you feel you are being singled out unfairly to do secretarial work because you are female. It is one thing for them to need a female voice and ask you to help so they do not have to hire a new employee. But if there are additional secretarial duties, they should be distributed among the staff. Not just given to the female employee.

Be diplomatic and calm, make it clear that you like your job and want to keep it and stay on track for you salary review and career (maybe have this conversation after the salary review) and offer an alte

Read more
Answered on 1/13/04, 11:50 pm

Re: Gender Discrimination at Work

You may have a legitimate complaint of sexual discrimination, but it is a difficult case unless you can prove damages. For example, if your career path is hindered by the secretarial duties, it strengthens your claim. On the other hand, if your pay and benefits are the same, and your career is unaffected, it is a difficult case to make.

But you seem more interested in a diplomatic solution so that you can keep your job, be considered for the raise, and get back on track with your marketing duties. That is wise because litigation is a time consuming and difficult process, but you are in a tricky situation. In my experience, the best way to approach this is to be straightforward with the boss. Ask for a few minutes and explain that you feel you are being singled out unfairly to do secretarial work because you are female. It is one thing for them to need a female voice and ask you to help so they do not have to hire a new employee. But if there are additional secretarial duties, they should be distributed among the staff. Not just given to the female employee.

Be diplomatic and calm, make it clear that you like your job and want to keep it and stay on track for you salary review and career (maybe have this conversation after the salary review) and offer an alternative such as hiring a new employee or distributing the work as I mentioned above.

But be prepared for a negative response or worse. The unfortunate truth is that employees who raise such issues are often viewed as troublemakers and wind up either quitting or being discharged. There is no way to know how your boss will react until you approach him.

Of course, if you can get a job offer elsewhere, then you can be prepared to leave and negotiate from strength.

On the other hand, you might just put up with it to keep the money flowing until you do find another job.

Unfortunately, there are no silver bullets. You have to decide what is most important - keeping the job, your dignity, your career . . . and then decide how to proceed based on that.

I hope that helps. If you decide you need an attorney to pursue a sex discrimination claim, please call for a free consultation. We can review the matter to see whether a legitimate complaint actually exists.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

Read more
Answered on 1/13/04, 11:50 pm

Re: Gender Discrimination at Work

You may have a legitimate complaint of sexual discrimination, but it is a difficult case unless you can prove damages. For example, if your career path is hindered by the secretarial duties, it strengthens your claim. On the other hand, if your pay and benefits are the same, and your career is unaffected, it is a difficult case to make.

But you seem more interested in a diplomatic solution so that you can keep your job, be considered for the raise, and get back on track with your marketing duties. That is wise because litigation is a time consuming and difficult process, but you are in a tricky situation. In my experience, the best way to approach this is to be straightforward with the boss. Ask for a few minutes and explain that you feel you are being singled out unfairly to do secretarial work because you are female. It is one thing for them to need a female voice and ask you to help so they do not have to hire a new employee. But if there are additional secretarial duties, they should be distributed among the staff. Not just given to the female employee.

Be diplomatic and calm, make it clear that you like your job and want to keep it and stay on track for you salary review and career (maybe have this conversation after the salary review) and offer an alte

Read more
Answered on 1/13/04, 11:50 pm

Re: Gender Discrimination at Work

You do seem to have a legitimate complaint of sexual discrimination. But it is a difficult case unless you can prove damages. For example, if your career path is hindered by the secretarial duties, it strenthens your claim. On the other hand, if your pay and benefits are the same, and your career is unaffected, it is a difficult case to make.

But you seem more interested in a diplomatic solution so that you can keep your job, be considered for the raise, and get back on track with your marketing duties. That is wise becuase litigation is a time consuing and difficult process, but you are in a tricky situation. In my experience, teh best way to approach this is to be straightforward with the boss. Ask for a few minutes and explain that you feel you are being singled out unfairly to do secretarial work because you are female. It si one thing for them to need a female voice and ask you to help so they do not have to hire a new employee. But if there are additional swecreatarial duties, they should be distributed among the staff. Not just given to the female employee.

Be diplomatic and calm, make it clear that you like your job and want to keep it and stay on track for you salary review and career (maybe have this conversation after the dalary review) and offer a

Read more
Answered on 1/13/04, 11:56 pm

Re: Gender Discrimination at Work

You do seem to have a legitimate complaint of sexual discrimination. But it is a difficult case unless you can prove damages. For example, if your career path is hindered by the secretarial duties, it strenthens your claim. On the other hand, if your pay and benefits are the same, and your career is unaffected, it is a difficult case to make.

But you seem more interested in a diplomatic solution so that you can keep your job, be considered for the raise, and get back on track with your marketing duties. That is wise becuase litigation is a time consuing and difficult process, but you are in a tricky situation. In my experience, teh best way to approach this is to be straightforward with the boss. Ask for a few minutes and explain that you feel you are being singled out unfairly to do secretarial work because you are female. It si one thing for them to need a female voice and ask you to help so they do not have to hire a new employee. But if there are additional swecreatarial duties, they should be distributed among the staff. Not just given to the female employee.

Be diplomatic and calm, make it clear that you like your job and want to keep it and stay on track for you salary review and career (maybe have this conversation after the dalary review) and offer an alternative such as hiring a new employee or distributing the work as I mentioned above.

But be prepared for a negative response or worse. The unfortunate truth is that employees who raise such issues are often viewed as troublemakers adn wind up either quitting or being discharged. There is no way to know how your boss will react until you approach him.

Of course, if you can get a job offer elsewhere, then you can be prepared to leave and negotiate from strength.

On the other hand, you might just put up with it to keep the money flowing until you do find another job.

Unfortunately, there are no silver bullets. You have to decide what is most important - keeping the job, your dignity, your career . . . and then decide how to proceed based on that.

I hope that helps. If you decide you need an attorney to pursue a sex discrimination claim, please call for a free consultation. We can review the matter to see whether a legitimate complaint actually exists.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

Read more
Answered on 1/13/04, 11:57 pm


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