Is it sex discrimination by an employer if I applied for a job at a gym but my girlfriend she didn’t yet she got an interview over me?

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Is it sex discrimination by an employer if I applied for a job at a gym but my girlfriend she didn’t yet she got an interview over me?

In addition to using the facilities, I submitted an application to work there. After the trial was over the manager began to call both of us every day to try to get us to buy a membership. One of the times he called my girlfriend he offered her an interview and she never submitted an application. After that call he calls me right after. I asked about the job and he said all positions were filled and he put my application at the top of the pile and he will call me if a position opens. My girlfriend goes to the interview and submits an application at the interview. She will probably get called.

Asked on May 26, 2012 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you write, it may be sex-based discrimation. The law prohibits an employer from discriminating against a prospective employee--or in favor of another prospective employee--on the basis of his or her sex. Unless there is some non-discriminatory explanation for why your girlfriend has been favored--e.g. she has better or more relevant past experience working at health clubs; she is in better shape than you (which is a criteria a health club could take cognizance of); etc.--this may be a case of illegal sex-based discrimination. One option for you would be to  contact you state equal rights or equal opportunity commission and see if you could file a complaint.


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