Legal Question in Discrimination Law in Massachusetts
Hi, I am curious if I have a sexism / discrimination in the workplace case. For just over 2 years, I have worked at a well-known supermarket in the area. I was hired to work at this supermarket as a bagger (99% of males start out as baggers). I would say that at least 90% of the cashiers in the store are female.
In early August, I brought up to the head cashier's attention that I am interested in becoming a cashier. She then brought this up to the Department Manager, who thought that this was a good idea, and would bring this up to the other co-Department Manager the next day. I have not heard anything from the co-Department Managers since, although the Head Cashier has reminded them about this a few times. I brought it up to one of the co-Department Managers again last week, who said that he would see what he could do. The head cashier has told me to keep reminding the managers until they make me a cashier.
Although becoming a cashier does not equal a raise and is not a promotion, I want to become one after bagging for over 2 years. New employees (female) are made cashiers all of the time. I am a punctual employee and great with customers. I am going to keep reminding the Department Managers about becoming a cashier every time that I have the chance. However, if they do not make me a cashier within the next few weeks, would I have a strong case in court? Should I discuss this matter with a lawyer? Thank you!
1 Answer from Attorneys
It would seem that the Managers are aware of your desire to become a cashier from your own observation. Although you did not so state, the implication is that you are not a female. You also state: "New employees (female) are made cashiers all of the time." What is the process and the time frame in which this has been happening in your store, the region, and the company (as a whole)? Are you the only one who is experiencing this delay? Are you being treated differently from those females who are being placed in these cashiers positions? Is there a continuing pattern of the company's conduct that might suggest/support a claim of gender discrimination?
You are obviously motivated to be placed in a cashier's position. You might continue to be patient, visibly interested in the position, and highly observant in order to document any factual signs and data, that would support this rather serious allegation in a federal district court under Title VII. Good Luck!
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