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Do I have a discrimination case against my employer?

Minneapolis, MN |

I am a male and the #3 person in my department. The #1 person works Mon-Fri and the #2 works Sat-Sun. Right now, the #2 person is gone. Instead of moving me up, my female boss has put a female from a different department into that job. This person has 1/10 of my experience and has no business doing that job when I am a capable replacement. The replacement is also held to a much lower standard than the 3 males who work in this department full-time (myself included). I have documented this lower standard and brought it to her attention, but so far nothing has changed. This female boss has also given a number of mid-level manager jobs to females...so much so that they outnumber male managers close to 2 to 1.

Attorney Answers 3


  1. Such issues generally hinge upon the full facts. You may hire an attorney to discuss the full facts and then she/he will provide you with reasoned legal advice and counsel. We avvo attorneys are available. Tricia Dwyer, Esq.

    MINNEAPOLIS/ST. PAUL and outlying areas to ST CLOUD. Do seek legal counsel for your personal legal issues and needs. This post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation.


  2. These facts do not by themselves support a claim for actionable discrimination.

    Employees often believe -- wrongly -- that employers are obligated by law to hire, promote, and otherwise prefer or choose the "best" "qualified" employee or candidate. That is not the case, except in public entity employment. The law does not require that your employer select the best qualified for the promotion or assignment, and the law does not specify how to measure "best" or even "qualified" if that was the employer's intention. Experience, education and training are interesting but not legally mandated as measures of "best" or even "qualified." Your employer can choose the employee who is most versatile, or the one who needs to be more versatile; the candidate who has the best personality, or the best attitude, or the most potential, or one who is the least and worst in all of those categories. In truth, under the law your employer can choose an employee who is a friend, a relative, or the employer can choose an employee name out of a hat. So long as the selection is not based on a prohibited classification such as race or sex, the employer can make any choice. And proof of choice based on prohibited classification is not established merely by choosing a candidate who the employees do not see as the best or most of any characteristic.

    Neither is it usually feasible to prove discrimination by counting the raw numbers of manager assignments by gender. Unless your employer fields a very very large workforce, statistical evidence to prove discrimination in employer actions is very difficult to obtain and validate so that it constitutes admissible evidence. Inmost cases of mid-sized employers, this method of factual development by expert statistical analyses is simply too expensive to pursue.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship set forth in a written document executed by the client and by me or a member of my firm. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. I can give advice, make recommendations and answer specific questions only after reviewing the evidence and documents applicable to a specific client and following a personal meeting in my office in which the relevant facts can be developed and analyzed. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  3. I agree with Attorney McCall's assessment. That being said, if you feel like the reason you have not been promoted is strictly because of your gender, you should contact an attorney and discuss the full set of circumstances with him/her. Once an attorney hears the fully story, he/she will be able to provide you with a more definitive answer regarding your potential claims. Most attorneys will do a free consultation.

    Best,
    Joe Larson

    This answer is for information only. It does not constitute legal advice. This answer does not constitute, nor do they create, an attorney-client relationship between Joseph A. Larson Law Firm PLLC and any receiver. This site is governed by a Site Use Agreement that you accept by reviewing these pages. The information provided on these pages is general only, and you should not act upon this information without consulting with an attorney.

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