Legal Question in Discrimination Law in Missouri
Sexual Discrimination????
I am a non-traditional female worker, basically I work with 65 other men. When I started this job, my manager and supervisor set me down and told me that I was hired because I was a female and they needed to fill their EOE quota. At this point, I was glad to have the job so I didn't say anything. They hired me pregnant and new it. Then when I had my baby, they placed me on Phase I of the disiplinary policy for missed work. They could do this because I was not with the company for a year yet, so the FMLA did not help here. I recently fell and got hurt. My manager said he was going to place me on Phase II of the disiplinary policy(Phase III is fired)which has not happened yet. I get along great with my co-workers and really have no trouble with them. My co-workers suggest that my superiors are going to try and get rid of me now that their EOE quota has been filled. It seems there was another female before me that had the same trouble. What should I be doing to cover my butt? or should I be worried?
2 Answers from Attorneys
Re: Sexual Discrimination????
You should be worried. Keep good notes of anything said or done to you which might indicate that you are the vicitm of discrimination. Include dates and times in your notes as much as possible.
Get as much information as you can about the other female employee. Also document when male employees are treated differently from you. You should also consult with an attorney. You should give the attorney as much detail as possible and your attorney can advise you how to proceed in specific instances.
This situation will not get better with age. The time to address it is before your employer terminates you. It is easier to get a job when you already have one. Please let me know if I can be of further assistance to you.
Re: Sexual Discrimination????
Imposing discipline for having a baby and the time missed as a result is a violation of the Pregnancy Discrimination Act. Contact your Missouri Human Rights Commission office as soon as possible.
Imposing discipline for an injury sustained at work, particularly where there is no safety violation by you, is violative of the Workers Compensation statute.
Moreover, if your account is correct, you may have a claim for sexual discrimination as well. You should contact the MHRC to get a complaint on file immediately.
Regards,