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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 5 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.