Legal Question in Discrimination Law in California
Being edged out after filing complaint against supervisor
I filed a complaint against my EVP after requesting support from him and receiving very negative and harassing e-mail replies. I went out for surgery on a medical leave shortly after, and upon my return found that over half of my territory was being given over to a new hire from outside of our company. I am ranked mid pack of the company after being handed worst area in company. I was forced to focus on only one area of my business through directed itineraries, and this is the area that is being taken away. I now have a territory that includes Utah and Washington State, and I live in California. I have been told that I will not be relocated, but will have to manage from California. No other manager is in this position. I am the only female in this position, have recently had medical problems, and have information that this new hire, a male, is being paid considerably more than I am. He has no experience in our specific field, and none of the men's territory is being affected in the same manner. My span of control has been dropped to less than 200 locations which is less than half that of my male counterparts. All positions in the past have been posted, and this policy is not being followed any longer with no notificatio
2 Answers from Attorneys
Re: Being edged out after filing complaint against supervisor
You have stated the basis of a potential gender discrimination claim and other causes of action, IF you can prove the treatment and disparity through witnesses and documents. If you can't find experienced local counsel, feel free to contact me to pursue the claims.
Re: Being edged out after filing complaint against supervisor
If you believe the employer is treating you differently because: (1) you are a female; (2) you went out on medical leave; or (3) you have limitations from your surgery, you have a legal basis for a discrimination suit based on sex, disability or one of several other statutes. For example, if you took FMLA or CFRA leave and were not returned to the same/similar position, there is a possible violation. If you returned to work, but could not do your full duties because of your surgery, under the FEHA, the employer has an obligation to reasonably accommodate you. Relocation can be a reasonable accommodation.
I suggest you contact a good lawyer. Feel free to call or e-mail me to discuss.
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