discrimination at work ?

[maddiegrl]

What is the name of your state (only U.S. law)? Ky

 

[maddiegrl]

What is the name of your state (only U.S. law)? Ky[ I drive an articulator truck at work for a road construction company and was parking my truck and caught my tailgate on the hood of the truck behind me and put a small crack in it. I was talked to like a dog by my boss and told he was gonna give me the rest of the week off until he decided what to do with me he said he might not let me come back or he might send me to a job where they have nothin but junk to run. I have been driving these trucks for 19years and have a good work record. The men that I work with have done far worse damage to these trucks than what I did and nothin was done about it. I messaged my boss a couple of times that week asking about my job but he would not answer me back and on Sunday i messaged and told him I needed to know what to do about work and he messaged me back and told me I don't need you. I finally called the main office and was told I was laid off. Nobody else has been laid off and they hired 2 people the same week this happened after I was sent home.

 

[HorseUrodeInOn]

Unless you were treated differently for a reason prohibited by law (race, sex, religion, etc), this is not illegal discrimination. File for unemployment.

 

[maddiegrl]

Discrimination at work?

I did apply for unemployment. My question was is it discrimination because alot worse damage has been done by the men I work with and they weren't treated the way I was or laid off

 

[HorseUrodeInOn]

If you can prove that the only reason you were treated differently is because you're a woman, contact the EEOC.

 

[commentator]

In addition to filing for unemployment benefits, you also may want to speak to the EEOC. This will not be a quick easy process, and it will not anytime soon lead to any sort of recourse for you, but you can certainly ask them to take a look at the situation.

Unemployment benefits are the only thing that would be available to you immediately if you have been fired without good cause, and are now out of work with no fault of your own. Or if the company simply says, as many construction companies do, that you have been laid off because they no longer need you, and you have an uncontested claim. They pay maximum unemployment tax rates anyway, and often will simply lay people off when they don't want them any more for whatever reason, whether they have job openings or not.

But in order for you to show you have a claim for discrimination based on gender, the EEOC would look for several specific things. One is how many people of your gender they have working, whether or not it appears that they have treated you differently than they would have treated a person of the opposite sex in the same situation, and also they'd look to see if there seems to be a pervasive trend of mistreatment of female employees in this situation and others throughout the company that would reflect discrimination. After examination, they (EEOC) would either decide there was evidence to support such a claim or that there was not. If there is, they'd give you a "right to sue" letter, and then you would contact an attorney and discuss pursuing a case with them.

As you can see, this isn't a quick process. It will take several months for the EEOC to ever get around to deciding anything, Hopefully by this time, you'll be working again.