Is this a violation of Civil Rights Act of 1964 (Title VII)? Calls to the Dept of Labor, have went unanswered.

Asked about 2 years ago - Locust Fork, AL

Private Company in Alabama; Hires Male and Female for work. There are currently 100% females working in the call center, they use only males in the field (Funeral Home and Embalming Equipment). It was stated that, there is only one chair open for a male at the call center, and employer will not hire female whom has equivalent experience.

Would this be an affirmative action issue or a Civil Rights query? How can I go about getting something done about this?

Additional information

Can one be denied a position based on Gender? The employer requests a male for the call center, however, there is a female immediately available. I personally think this violates Title VII...

Thank you for your reply.

Attorney answers (2)

  1. Marilynn Mika Spencer

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.

    It is illegal to make hiring or other employment decisions based on sex, except in very narrow circumstances that do not appear relevant in your inquiry.

    The only workplace discrimination that is illegal is discrimination that is against public policy. Public policy refers only to things that are specifically prohibited by a statute (law) enacted by the legislature, or prohibited by a regulation promulgated (established) by a government agency. Under federal law, public policy includes statutes prohibiting discrimination against people in specific protected groups, which include sex, race, national origin, disability, age (40 years and older), religion, marital status, pregnancy and genetic information. Sexual harassment is considered a form of sex discrimination. There is no federal protection for sexual orientation discrimination, but many states provide this protection.

    An employer cannot refuse to hire, refuse to promote, change terms of employment or fire an employee if the reason for the change is against the law (against public policy). For example, an employer cannot increase your workload because of your race, sex, national origin, religion, etc. or because you blew the whistle on safety violations

    There are various ways to enforce these rights, depending on the particular public policy involved. For more information on employment discrimination, please see my Avvo guide on this subject: http://www.avvo.com/legal-guides/ugc/what-is-un...

    The Department of Labor, like all other state and federal agencies these days, is terribly underfunded and therefore understaffed. Regardless of how much the DOL employees want to do a good job, they are hampered by a lack of resources. However, the DOL is not the right agency to direct your inquiry. As explained in my guide (linked above), you should take your issue to the EEOC or a similar state agency.

    Employment law is complicated and fact-specific. You may wish to consult with an experienced plaintiffs employment lawyer. You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing.

    I hope you can resolve your situation and wish you the best.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more
  2. Jack Rosenberg

    Pro

    Contributor Level 11

    Answered . Your question is written in a very confusing manner. However, you should call the EEOC at 1-800-669-4000 for information about your complaint.

Related Topics

Employment

Employment law governs employee pay, non-discrimination policies, employment classifications, and hiring and firing at the federal, state, and local levels.

Discrimination in the workplace

Discrimination in the workplace is when one or more employees are treated unfavorably, based on characteristics like age, race, gender, or sexual orientation.

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