What constitutes unfair hiring practicesand discrimination?

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What constitutes unfair hiring practicesand discrimination?

I work in a group home and have been passed on a day shift position 3 times in the last 10 years. I have been working the afternoon shift for 16 years.The shifts in our house are staffed one male/ one female or by two males but never female/female. All staff are required to perform the same duties.The 3 previous hires were all female because our union contract states that the agency can hire anyone based on female consumer needs. I do work four weekends day shifts a month with another male employee. I’ve also had seniority each time.

Asked on October 21, 2011 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

IF uou have been denied a promotion or a more advantageous shift (e.g. day shift) on account of your sex (or some other protected characteristic; e.g. race, religion, age over 40, disability), then that may be employment discrimination. Note, however, that this doesn't mean, for example, that not hiring or promoting a man while hiring or promoting women automatically or necessarily is discrimination: there are many legitimate reasons to favor person A over person B, such as education, experience, performance on the job, etc. It's only if the disadvantegous or undesirable hiring or employment action is taken *because* of a protected characteristic, such as sex, that there may be discrimination. If you believe this may be the case, you should speak with an employment law attorney. Good luck.


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