I'm a female labor worker and my boss said they are downsizing but my position was replaced by a man. Is this discrimination?

Question:  I am a female construction worker and I was fired from my job because my employer said the company was downsizing.  I recently found out that a replacement was hired for my exact job and the worker is a man.  I believe I was fired because I am a woman and the foreman preferred working with men.  Is there any action I can take against my former employer?

Response:  Employers are prohibited from gender discrimination employment in the same way they are prohibited from age discrimination and race discrimination in the workplace.  All employers are prohibited from discriminating against employees on the basis of race, color, religion, gender and national origin pursuant to Title VII of the Civil Rights Act of 1964.  If you were terminated solely on the base of your gender, your employer may be guilty of women employment discrimination and you may be able to seek damages as part of a lawsuit.  If there are no other grounds for your termination except for your gender, it may be worth taking a closer look to see why your employer hired man as your replacement when he said that the company was downsizing and eliminating your position altogether. If you experienced other forms of women work discrimination at work, you should contact local sexual discrimination lawyer to discuss the facts and assess your options.  Federal and state laws about sexual harassment prohibit sexual discrimination in the workplace, and employers who violate the law should be pursued by legal action.

Answered by D. Nicole Rosen

Additional Resources:

• Civil Rights Act of 1964 - US Dept. of Justice
• Sexual Discrimination Against Women

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