Legal Question in Employment Law in California
Equal Employment/Discrimination
I was restructured out as a manager. A few days later, a male director joined, replacing my position. Does this violate EEO ? Is this discrimination?
2 Answers from Attorneys
Re: Equal Employment/Discrimination
Being replaced by a person of the opposite gender may make a prima facie case for discrimination, but you still evidence that a discriminatory purpose was behind your firing and his hiring. This evidence can consist of remarks, pattern of conduct, etc. If want to discuss further, call me at 805/641-6600.
Re: Equal Employment/Discrimination
Assuming you can prove that the motive for replacing you was discriminatory, you have a case. Proof is tough. contact me to discuss if you think you have any evidence other than speculation.