Legal Question in Civil Rights Law in New Jersey
Discrimination
My daughter is a teachers aide in a puplic school. A position was needed in the day care class. My daughter was told she had to leave the class she had been working in to work in the day care.
She did not want to do this and asked why the young man who was given her job could not take the day care position, as she had more seniority. She was told that they did not think that a man should be working with the small children because sometimes diapers needed to be changed.
Is there something wrong here?
2 Answers from Attorneys
Re: Discrimination
It appears that your daughter was subject to gender based discrimination. She may complain to the school board before filing complaint with the NJ Div. of Civil Rights. After completing the aforementioned administrative steps, she may then file suit in a court of law.
Re: Discrimination
This sounds like a potential sexual discrimination case, which is a violation of Title VII of the Civil Rights Act. We handle cases like this, and in most cases we handle them on a contingent basis. The most important thing for your daughter to do at this point is to WRITE a complaint letter to her Human Resources person or Supervisor. It should be POLITE, and reciting all the relevant facts (as if it is written for someone who does not know any of the facts--because in effect, it is). She MUST keep a copy of this writing, and she should start today keeping a file of ALL COMMUNICATIONS. Then have her give us a call tomorrow or e-mail me directly. Thanks.
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