Is this considered gender discrimination?

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Is this considered gender discrimination?

I’ve been working with this company for 13 years. I started as a customer service rep and worked my up to assistant manager. I’ve currently been an assistant for about 9-10 years. During this time, there have been positions open for store managers. I am a female and I have been more than qualified to be a store manager, however they have only given me the oppurtunity to be a store manager once at a smaller store. I declined because I felt like I was worth more than being at a small store. Since I didn’t take it, they gave it to another female. This has been happening constantly. If woman are promoted to

store managers, the DM’s are putting them in smaller stores. They will hire men that have no experience with this business for more than my current pay instead of promoting me. They also have given men in this field more opportunities to be a store manager even after they’ve declined several opportunities.

Asked on May 3, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

This may be gender discrimination: you describe a case where women appear to get fewer and/or worse opportunities then men. That creates a "prima facie" (basically, "on its face") case of discrimination, and should be sufficient to bring the matter to the federal EEOC. If they agree that this may be gender discrimination, they will investigate; during the course of that investigation, the business can try to show there is a valid, non-gender-based reasons for what they did (maybe you are incorrect, for example, and the men do have some relevant and important experience or qualification that you and the other women lack)...but if they can't show that, you may be entitled to compensation.


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