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  1. #1
    Join Date
    Apr 2009
    Posts
    3

    Angry Sex Discrimination in Promotions

    My question involves labor and employment law for the state of: CA

    Brief synopsis: I am a sworn officer of a large law enforcement agency in CA.

    I recently applied and tested for a position as a first line supervising officer at my division. The position is the shift officer, which supervises the emergency call and dispatch center for our division, and supervises field units, in relation to the assignment and handling of calls for service. The position is also responsible for training new personnel assigned to the center.

    The minimum requirements for the position are simply completing the probationary patrol training period. A training course is required to work the position, but would be given after appointment if needed, and is not a prerequisite.

    Testing for the position involved a submission of an application, with experience resume, and a 3 question PASS or FAIL oral interview. No scoring or ranking is used.

    Only two applicants applied for this position, myself and one other.

    The other applicant has 3 years experience as a sworn officer. The other applicant is a female officer.

    I have 15 years experience as a sworn officer, 8 years experience in direct patrol, 2 years experience as a first line supervising officer in another division (same level position as the one applied for, with slightly differing duties). I have training and certifications in advanced investigations. I am also a certified and working instructor with my agency, teaching recurrent training topics. I have already completed the required department training for this position, and have worked this position, as a fill-in for the past year. I am a male officer.

    Both of us passed the PASS or FAIL oral interview.

    I was not promoted to the position.

    Our agency is currently acting under a local court decision that stems from a discrimination case almost 10 years old. The current decision mandates that 19% of all coveted promotional positions will be filled with a FEMALE officer.

    My question is do I have any stance in a discrimination area?

    Both of us met the minimum requirements, both of us passed the PASS or FAIL interview. The logical determining factor for selecting a candidate to promote would be based on experience as outlined in the candidate's submitted resume.

    I believe that the reason I was not selected was the management's desire to comply with the 19% quota, and that experience was ignored, and the less experienced, less qualified candidate was chosen, based solely upon her gender.

    I do not believe that anyone should be discriminated based upon sex, race, or religion. I believe that the best qualified person should be selected based on their qualifications and experience alone.

    I believe that in an attempt to prove that our department does not discriminate against females, they have discriminated against me, a male.

    Do I have any legal standing in this matter?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Sex Discrimination Advice

    You should consult a local plaintiff-side employment lawyer to have your case evaluated. The evaluation will be free. (If it isn't, call a different lawyer; I've yet to see a plaintiff-side employment lawyer who charges to review a case.)

    Unfortunately, with the existing court order, possible union issues, and the various other factors going into your question, yours is a more complicated situation than we can reasonably analyze in this forum.

  3. #3
    Join Date
    Apr 2009
    Posts
    3

    Default Re: Sex Discrimination in Promotions

    Well, it gets better.....

    I found out that female that was promoted has said that she can not work the shift of the open position. So the management is going to leave her in the position she is in currently, but give her the promotion and title anyway, in order to fill the quota on paper.

    This position is a hard position, not just a title, that must be filled every shift with an actual person. They have said that they will fill it with overtime, while she continues where she is, and does not actually work the positionor perform any of the duties.

    I will be contacting my union today.

  4. #4
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    266

    Thumbs up Re: Sex Discrimination in Promotions

    Or you could simply wait it out afterall if she can't fill the positions needs chances are people aren't going to do her job for her for a very long period. Then either they retest or award the position to you. Then you can excel and it doesn't even involve filing a complaint. Thats a lot of years and sounds like a good career so far, why risk the chance of getting on the bad side. (unless of course you already are then go for it). But once again my disclaimer this is only my opinion.

  5. #5
    Join Date
    Apr 2009
    Posts
    3

    Default Re: Sex Discrimination in Promotions

    That's the main complaint....they are giving her the promotion, title, raise, etc, and not requiring her to physically work the position. They are going to let her remain where she is, and give her the promotion anyway.

    I notified my union.

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