Legal Question in Employment Law in California
Harassment and discrimnation
In Jan I asked for a transfer,I was asked not to leave, per dir and told I would move to the class I wanted and promised a raise.The move happened no raise.On 3/14 a new pgm dir told me I had to go back,I told him of my deal with dir he said he didn't care.I then gave 2 wks notice,he then went to a male emp and said that when I left he would do my job and do it better because he was a man.Again the dir asked me to stay.I agreed to stay until a transfer came in. The pgm dir. treats a few of the women different, pulling them out of their classes, disrespecting them in front of kids etc, While allowing a male emp. who started in 1/05 to come in late daily 30min to 2hrs.Allows him time off 3 to 4 times so far, and is to aggressive with kids etc, Last week he told me that I am taking too many breaks, leaving my staff alone etc,he laughed at me and told me I was lying when I said I wasn't, it was so bad I quit on the spot.We are allowed only 2 10min breaks,we have a working lunch. EA's are required to work a min 10-12 hours everyday, Also my pay is less after 4yrs than new emp. coming in doing the same job, when I asked about it,I was told I would not get a raise for another year. Do I have case against them.
2 Answers from Attorneys
Re: Harassment and discrimnation
While I cannot comment on whether you "have a case", because the facts must be investigated and evaluated to a far greater extent than responding to a one paragraph summary affords, you state facts that show a different standard of treatment favoring male employees. This is evidence of gender discrimination, which is illegal.
The best thing you can do is to schedule an appointment with an employment law specialist in your area and discuss everything that happened with this employer. It is helpful to prepare a chronology of key events, so you can organize the important facts for the attorney. You should also prepare a list of witnesses who may verify these events for you.
You could also file a complaint with the California Department of Fair Employment and Housing and ask them to conduct an investigation. Be aware that there is a one year statute of limitations to file a claim to protect your rights.
Re: Harassment and discrimnation
IF you can show different treatment, and disrepectful treatment, BECAUSE you are a woman, then you have a claim of gender discrimination. Get other employees to give you written statements supporting that allegation with the first hand information they know, and review it with an attorney. Contact me if interested in doing so, once you have your support lined up.
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