EEOC question?

UPDATED: Sep 30, 2022

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EEOC question?

I am employed at a company. I am male, and there is a female who has the exact
same title that I do. Our offices differ in many ways, mine is an old hospital
room that I have to share with 2 other individuals. Female counter part has wood
flooring, converted office, 2 refrigerators and a television with cable. At
first it bothered me, until another woman from a different company brought it up
to me and said she didn’t think that was right.

I do feel as though she rubs these extras in my face, and for 2 years have said
nothing. Now I am curious if there is a proper avenue for a complaint?

Asked on September 30, 2016 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Sex-based employment discrimination can be found in any better treatment for an employee of one sex than an employee of another sex *based on* or *caused by* sex. But if there is a non-sex-based reasons for the differential treatment, there is no discrimination. So if you have been at the company longer than her, have performed better, have some credential, relevant experience, or degree she lacks, etc. and she gets the marketedly better office, that may indicate discrimination. But to turn it around, if she was there longer than you, has better performance reviews, has some degree or credentia you lack, etc., then her getting the better office can be explained by  non-sex-based factors. Nepotism also is not discriminatory, so if she is related to a boss or supervisor, that would legally justify giving her the better office (a private employer is allowed to treat friends and family better than other people). 
If you cannot think of any reasons for the difference other than her sex, this may be discrimination. If you wish to pursue a possible claim, contact the federal EEOC.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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