Legal Question in Employment Law in Pennsylvania
job posting and discrimination
In December 2007 our organization's president informed our managers that a certain position (operations manager) was dissolved as of that point.
Today, within a month of that, it has been announced that a person has been hired to have a title that includes the phrase ''/ Operations''.
No one would have been able to express an interest in the Operations position as it was never posted - and wasn't supposed to exist. The person they've hired is less qualified than another current employee who would have certainly interviewed and campaigned for that position. In terms of both education and experience, that person is more qualified than the person who has been hired. Significantly however, the person they've hired is not currently 8 months pregnant but the other current employee is.
I suspect this is fishy in terms of it not being posted and others have suggested it may be a case of discrimination (if pregnancy is considered a temporary disability).
It's important to note that the title of the person they've hired is something like Director of Something/Operations Manager.
Can you offer guidance? Thank you!
1 Answer from Attorneys
Re: job posting and discrimination
This definitely sounds like a potential case specifically under the pregnancy act. Feel free to call our offices with any questions you may have. I think your next step is to retain counsel and have them file with the EEOC and the state agency, conduct a dual investigation, and possibly resolve this matter through mediation. Feel free to call our offices or e-mail me directly to discuss further.
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