I am a female been with the company over 10 years Within the last 2-3 years they have promoted within the company 3 lead or supervisor posit...

Question

I am a female been with the company over 10 years Within the last 2-3 years they have promoted within the company 3 lead or supervisor positions. All jobs have never been posted or no one has interviewed for. They just promoted them. My problem is I've never been giving the opportunity for these postions. I have the same if not more experience then them. I feel I am being discrimated against because I am a female.

Answer

California law prohibits discrimination in the workplace, including discrimination based on gender. The problem is proving your claims. You have to be able to show clear evidence that they are choosing men over women BECAUSE of their gender. If you have evidence of this, such as statements by the upper management that men are better than women, or women can't be good managers because of their emotions (it can almost be any comments that cut along stereotypical gender roles or beliefs), my office can give you a more thorough evaluation of your potential claims. The best way to get us the information we need is through our Confidential Online Case Evaluation Questionnaire, which can be found at our website, www.sarnofflaw.com. This form asks specific questions and focuses your responses to any specific claims you may have.

Answer

If you can show that males are being promoted and females [you] are not, you may have a gender discrimination claim. You will have to show that you have comparable or better 'resume' than the males that were promoted, meaning the totality of education, degrees, training, experience, performance evaluations and ratings, work history, attendance, etc, etc.

You said nothing about it, but if there is a gender 'hostile' or discriminatory attitude there, such as comments, jokes, conduct, that evidences that women are not treated equal as men, that too is the basis of a claim.

These are not easy cases to prove, but obviously can be won if you have the facts, evidence, witnesses, and so on.

If serious about pursuing this, feel free to contact me to discuss what you DO have to support your claim and allegation.