Can my employer eliminate my position then give my duties to a man who had a position added after mine?
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Can my employer eliminate my position then give my duties to a man who had a position added after mine?
I am a woman who worked in a male dominated company in skill trades. I
was recently let go my employer stating my position was eliminated. I live in
state that is
Asked on March 20, 2016 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You may have a case for discrimination--based on what you write, you seem to state a "prima facie" case, or one good enough to file a complaint with the appropriate government agency (the federal EEOC or the state equal/civil rights agency) and/or to speak to an employment law attorney about. Eliminating one position and giving its responsibilities to another employer does not show discrimination: companies often do that, consolidating jobs to save money. But what may well show discrimination is that of a man and woman, they chose to eliminate the woman; they eliminated the more experienced person, with a longer tenure at the company, who was the woman; and they paid the man more than a woman. It would be worthwhile for you to speak with an employment law attorney before signing the paper.
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