Legal Question in Discrimination Law in Pennsylvania
My promotion given to a man
I am attending school and was offered a management position.. There were two openings in my store...I inquired about the higher position when it was explained to me that I could not have it because The assistant would be offered that job first... I Then come to find that the second position was offered to a MAN with less experience than me even with school I made it known that the store was my top priority... do I have a case?
1 Answer from Attorneys
Re: My promotion given to a man
It depends. If a factor in the decision was that the person who got the job was a man you may have a claim.
However, you have not given me adequate facts to make that determination. It depends on the answer to some of the following questions:
1) Did the employer feel that the time you needed to devote to school would interfere with the time they need you to manage the store?
2) How long had you been on the job vs. how long the other person was on the job? and What was your previous work experience vs. his previous work experience?
3) How did your performance compare to the performance of the person thay chose regardless of the length of service?
4) Is there evidence that the employer chooses men over women in similar circumstances?
There would be additonal questions that would have to be explored in order to give you a more definite answer to your question.
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