Legal Question in Employment Law in Pennsylvania

Gender Discrimination

I work at a department store selling furniture on straight commission. We had 3 men and 1 woman on our sales staff, but 2 men resigned leaving me as the only male. Recently, the company has added another female so we have 2 ladies and myself. My manager and assistant are both ladies. I am presently being used as the person who moves furniture that is sold from the floor to a staging area. I move all the furniture regardless of who sells it, and since we are all being paid in the same fashion, should not the others be moving these pieces as well? I have been told that if I don't move the furniture to the staging area, then deliveries will not be made resulting in cancellation of commission. I understand that but I believe we should all be doing it. I am presently on probation for not opening enough charge accounts and they want me to train the new person. The reasoning is that I have a wealth of experience to share. However, I feel that I am being unfairly manipulated. I have been told that if the new person initiates contact with a customer, the commission is to be split, even though they have a salary for training purposes. Should I be splitting my straight commission in half with a person who is receiving training salary?


Asked on 7/28/05, 10:17 am

1 Answer from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: Gender Discrimination

seems like a colorable Title VII to me. if your employer is a big and rich department store chain your case is more attractive than if it were to be a Mom & Pop. the lifting assignments should be fairly distributed and the nature of your employment there changed for no reason other than sex, or, more delicately: gender.

open more accounts and serve your Master.

Stand up for your rights only through counsel - that's my advice. never make a threat; reason with people.

TV esq

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Answered on 7/28/05, 12:54 pm


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