Legal Question in Employment Law in Pennsylvania
Discrimination/On Call Time
I was hired 18 months ago as hourly IT programmer (only female in dept, ever). After several resignations, I ''temporarily'' was assigned to ALL issues re software (had been myself and two salaried males), with no raise or promotion. One year later, after repeated discussions through formal employer procedures, I was still unable to get a job description or job title for the position I have been doing. Also, at that time I was put on call 24/7/365, and had been told to only charge for time actually logged into work (not time spent reading or responding to emails to company issued Blackberry). I recently discovered that the new (hourly) male IT hardware tech was told that he was not allowed to be on call as an hourly employee. However, I have been expected to be despite my repeated protests, without clarification of what I should be on call for (an emergency seemed to be determined by myself and/or the requestor), in contradiction of written policy. After discussing these issues with HR one last time and finding no actions had been taken at all I resigned. New job posting is for different title than I had, but same duties as I was doing (at much higher average pay). Am I due back pay? Can I get UC? Is this discrimination?
1 Answer from Attorneys
Re: Discrimination/On Call Time
Sounds like a Title VII case to me for gender-based discrimination. file a Complaint with the EEOC. A lawyer versed in employment law would take your case on a contingent fee.
Good Luck.
TV