Legal Question in Employment Law in New York

I work for a small family owned business. The owner has made some comments to me that I feel cross the line he has told me since I am a woman I could never be a saleman because no one would buy from a woman just a man when i explained to him that was wrong since i have sold cars for over the past 10 years of my life and out ranked most of the guys at times he said but this line is different and its more a mans field. also he asked if i was trying to be black, i asked him what do you mean trying to be black? he said your are getting so dark you look like you are black and thats good we need a black in here. ( we have none that work here all white) also he has given me cash and told me to buy clothes so i can look pretty for him and the customers (that i dont see) We just recently lost are HR person. the owner has offered me the position i agreed to take it and been doing it for about 2 weeks now the president stepped in and told the owner his father that he does not want me as the hr person but as the clerk that i was hired as and to go back licking envelopes and data entry. is this something they can do?


Asked on 8/05/09, 2:22 pm

1 Answer from Attorneys
Randall Brett Law Office of Randall P. Brett

You raise too many questions to be answered in this public forum. In general terms, you cannot be denied a job because you are a women, provided you can perform the job. However, an employer is not required to offer you a job, or keep you in a job you currently have, if you are not performing the duties in a satisfactory manner. Given what you have said here, you should contact an attorney who will review the specific facts of your case and advise you on the appropriate manner in which to proceed. Please feel free to call if you would lke to schedule a consultation.

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Answered on 8/10/09, 4:24 pm


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