Should I sue for discrimination if I’m a woman who was let go and there was a job which I could do but my employer hired a man for it?

UPDATED: Sep 30, 2022

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Should I sue for discrimination if I’m a woman who was let go and there was a job which I could do but my employer hired a man for it?

I was working at national retail chain store. First of all, they didn’t tell me that I was seasonal. Then, last week on, I find out that it’s my last day. I over heard one of the managers tell a co-worker that she is training a new guy that same day. I asked one of the managers why they where hiring someone new and not keeping me on and if I did anything wrong. She stated that I did nothing wrong and that they where just looking for back of the house people to work shipment. I am fully capable of working shipment but they don’t seem to think so and hired this guy. What are my options here?

Asked on January 3, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is very likely not illegal discrimination to let you go if the job were seasonal (whether or not you were aware of that) and to not necessarily give you a different job; the layoff would be legal, as eliminating a seasonal position, and since your existing job was eliminated, you would have to show (i.e. have some evidence) that you were not considered for the new job specifically because you are a woman to establish discrimination. The fact that a man, not a woman, gets a job does not show discrimination unless there is some basis to believe (some basis which could convince a court; i.e. some evidence) that the reason he, not her, was hired was sex.

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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