'reverse' gender discrimination
aliciac
88 Posts
[font size="1" color="#FF0000"]LAST EDITED ON 03-23-07 AT 11:46AM (CST)[/font][br][br]A male employee just sent me an email that his manager had sent him several months ago in response to his questioning why he didn't get a specific position in the company:
"I felt that (female employee) was the best candidate for us to focus on women. Women, homeowners, prefer to buy from women, and contractors prefer to buy from men, so in large part this was a
gender based decision. As we move forward with some of the plans for women's clubs we have in the works I think you will find that this makes a lot of sense."
The manager went on to say that his male employee does really well in his current job and this isn't at all a reflection of his abilities. This employee is upset for a few other reasons, but this one worries me the most. The manager is a male in his early to mid 30's, the male employee is 39 and has been with the company almost 3 years, the female employee is 49 and at the time of her getting this position she'd been with the company for just over 1 year.
The female employee has a lot of experience in the industry, and may very well have been the most qualified person for the position, but the manager chose to tell the male employee that it was a gender based decision! Ahhh. What's my next move?
"I felt that (female employee) was the best candidate for us to focus on women. Women, homeowners, prefer to buy from women, and contractors prefer to buy from men, so in large part this was a
gender based decision. As we move forward with some of the plans for women's clubs we have in the works I think you will find that this makes a lot of sense."
The manager went on to say that his male employee does really well in his current job and this isn't at all a reflection of his abilities. This employee is upset for a few other reasons, but this one worries me the most. The manager is a male in his early to mid 30's, the male employee is 39 and has been with the company almost 3 years, the female employee is 49 and at the time of her getting this position she'd been with the company for just over 1 year.
The female employee has a lot of experience in the industry, and may very well have been the most qualified person for the position, but the manager chose to tell the male employee that it was a gender based decision! Ahhh. What's my next move?
Comments
If there is a Bona Fide Occupational Qualification (BFOQ) or if there is under-representation and an employer is trying to remedy past discrimination, then gender can be used as a factor in employment decisions (a voluntary AAP).
Otherwise, it's considered gender discrimination, whether it's a male or female.
I would have a serious talk with this manager ASAP and educate him about the law and what he can and can not say.
I would go through a list of both candidates' qualifications (experience, skills, work history, performance reviews, education, etc.), and determine who, on paper, is the best candidate.
If the woman turns out to be the strongest candidate, great! I would then meet with the male employee and explain that the decision was based on legitimate factors, despite the manager's misinformed opinion. Hopefully, he will not visit an attorney.
If the man turns out to be the strongest candidate, it's worth the money to talk to an attorney and assess your options. If you leave the woman in the job, the man would sue and if you remove the woman from the job and promote the man, the woman could sue. That's a tough lose-lose situation.
Either way, I believe you should do some manager training on employment law ASAP and try to learn from this situation.
Good luck!
I spoke with the manager on Friday, but he's on vacation until the 2nd of April. He said that there were several reasons why the female employee was the better candidate. He also said that the male employee has had attendance issues and poor work ethic in the past...none of which is documented of course!
There isn't a BFOQ for a female in this position, maybe a preference, but that preference is based on stereotyping our female customers. Also a bad idea!
I just can't believe that a manager would say, in writing, that his decision was gender based! This week is going to be just great.
Just keep in mind that you are really just explaining the actual reasons that the male did not receive the job (as should have happened anyway), you did nothing wrong, and your manager was just misguided on his facts and did not explain the actual reasons. I would not spend too much time on the manager comment section...just emphasize the actual factors for the decision. More than likely, the manager didn't provide the real reasons (attendance, etc), because he wanted to avoid confronting with the employee. This is never a good idea.
I don't want our employees left wondering why they weren't selected. I don't need anyone deciding it must have been a discriminatory reason rather than the true one for non-selection. Even if you are completely in the right, a lawsuit can cost an organization a LOT of money.
Further, employees who wish to improve themselves sometimes need help in identifying those areas. Sometimes it is just a matter of a little more education, your appearance, or making sure you are always at work on time. I have seen employees turned down because their normal work attire or regular arrival time (5-10 minutes tardy) was fine with their current supervisor, but not for the hiring supervisor. Those employees changed their dress and made sure they were at work in a more timely manner and were able to get a promotion later (one was as little as 6 months).
Sometimes the difference is slight enough that all you can do is decide one is more qualified. But if there are other reasons, or if the qualifications can be improved, I think it is better to be honest with the employee. Just my 2 cents.
Nae