Legal Question in Employment Law in Pennsylvania
Gender Discrimination
I was working for a company for 2 years as a Purchasing Agent. After discussing with my supervisor that my husband and I were trying to start a family his reaction was ''Are you going to be a working mommy''? I said yes, The next day I was informed that my job was going to take a different direction to be a more hands on and that I would get dirty. I was no longer needed for that position. Later that day I was talking to the human resource manger and was told the direction the job was going was better suited for a man, but the purchasing position was going to be phased out. I recently found out that a man was infact hired and will be taking over my responsiblities they will give him the title of Shop Foreman. In the meantime I have also found out that the company has hired an intern to take care of my duties until the position was refilled. On another occasion this company fired a women 2 weeks after she went on maternity leave I believe that there may be a connection. Do I have any legal rights in this matter?
1 Answer from Attorneys
Re: Gender Discrimination
It's not clear to me whether you are still working as a purchasing agent or even if you are working for the same company.
As a general rule a company cannot transfer or demote you based on your gender.
If you voluntarily left the company you would have to establish that you were "constructively discharged", which essentially means that you had no choice but to leave your company. A judge or jury would than have to determine if another person in your situation would have chosen to leave their job rather than attempt to work something out with the employer or continued to work and file against your employer for discrimination.
Also, if you left your job or were terminated you must file a claim with the State of Pennsylvania within 180 days or with the EEOC within 300 days.
Marc Pachtman, Esq.
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