Legal Question in Employment Law in California
Sexual Discrimination? Workplace Violence?
I am a man who works for a delivery company. I have been there for years and had an injury unrelated to work leading to surgery. After the surgery I was unable to perform the very heavy work I had been doing, so I was placed in an on-call position. I want to work full-time but often I work less than 20 hours in a week. There is a recently-hired woman performing the same work as me who is consistently given EASY, light work, and given many more hours per week than I am, doing work I could do. Since I have years of seniority at this business, is it considered sexual discrimination that I am not being offered the work she is given?
I requested an appointment in writing with the person in charge of this to discuss my options and my concerns. Instead of making an appointment to talk, she screamed at me in the hallway with many coworkers watching. Until then, that person, who is not my boss, had always been friendly and I don't know what prompted the outlash. Is that considered workplace violence? I am confused/angry/upset and I feel my rights are being violated.
2 Answers from Attorneys
Re: Sexual Discrimination? Workplace Violence?
Not necessarily sex discrimination, but it is a failure to accommodate your disability, and might also be age discrimination -- the employer is required to give you that work as an accommodation. You should make sure to document in writing your requests for that work, as well as the screaming that occurred on the occasion you write about.
Re: Sexual Discrimination? Workplace Violence?
I am so sorry to hear about your situation at work. Please feel free to contact our office to discuss your workplace situation in more detail. Based on your message, it appears as though there may be some issues we should address.
Please contact me, Kay Tuazon, Esq. at Kay E. Tuazon, Esq.
E-mail: [email protected]
website: cooperlawoffice.com
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