What is considered to be job discrimination?

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What is considered to be job discrimination?

My wife has been performing GM duties at her work for some time in belief that she would get the position. We just had a baby who is 9 months old now. She works 9 hours a day and every Saturday she can. She was pulled into a meeting and found out the position was given to another person who has never performed the duties. Reason given was that she could not put in 50 to 60 hours a week. Is this discrimination? Do we have any legal ground to stand on? She is an amazingly hard worker and this has crushed her; she has voiced this and has yet been given a good reason why other than hours.

Asked on December 16, 2011 under Employment Labor Law, Maryland

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 9 years ago | Contributor

It might be considered discrimination if she could in fact work the hours for the position, but she was denied the position because of some preconceived sexist notion (ex. mothers should spend more time with their children). 

To obtain more information about sex discrimination, she should to to the EEOC website (www.EEOC.gov).  Although she doesn't need a lawyer to file a charge with the EEOC, she should consult with an experienced lawyer before visiting the agency.  There are large pitfalls in pursuing a discrimination charge.  The entire process is very pro-employer.  The least little misstep will cause negative consequences. 

I am available to discuss the matter with her after she reads the information available at the EEOC's website. (770)367-1234 or [email protected]

 


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