Should I sue for discrimination if I’m a woman who was let go and there was a job which I could do but my employer hired a man for it?

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Should I sue for discrimination if I’m a woman who was let go and there was a job which I could do but my employer hired a man for it?

I was working at national retail chain store. First of all, they didn’t tell me that I was seasonal. Then, last week on, I find out that it’s my last day. I over heard one of the managers tell a co-worker that she is training a new guy that same day. I asked one of the managers why they where hiring someone new and not keeping me on and if I did anything wrong. She stated that I did nothing wrong and that they where just looking for back of the house people to work shipment. I am fully capable of working shipment but they don’t seem to think so and hired this guy. What are my options here?

Asked on January 3, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is very likely not illegal discrimination to let you go if the job were seasonal (whether or not you were aware of that) and to not necessarily give you a different job; the layoff would be legal, as eliminating a seasonal position, and since your existing job was eliminated, you would have to show (i.e. have some evidence) that you were not considered for the new job specifically because you are a woman to establish discrimination. The fact that a man, not a woman, gets a job does not show discrimination unless there is some basis to believe (some basis which could convince a court; i.e. some evidence) that the reason he, not her, was hired was sex.


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