Can my employer eliminate my position then give my duties to a man who had a position added after mine?

UPDATED: Mar 20, 2016

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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