Question:
Is this sex discrimination?
Rett M
13 years ago
I am a male 25 year old engineer with a BS in Mechanical Engineering. I have been a designer at my job for two years and working with the engineering program Solidworks for 10 years. I have my professional certification in Solidworks.

Last week a new interview candidate came in for a drafting position, drafting being a position underneath designer. She is a 22 year old woman that recently dropped out of a two year associates program to go to a community college instead of finishing her engineering degree. She said in her interview she has been using Solidworks for two years.

We gave her the standard interview, and asked her to prove her prowess with the program. We have her two simple parts to make that anyone with experience in the program could do without trouble. She did them in an average amount of time for a beginner, nothing special, but much better than the other candidates, so we hired her.

Here is where my problem comes in. My supervisor, personally, hates the program Solidworks because he would rather never do an engineering drawing and just tell people with words, not documents, how to do things for the sake of saving time. Horrible engineering practices aside, he has constantly chastised the designers, like myself, that use solidworks heavily because he thinks it uses up too much of our time. That's an argument for another day. The bullet point of this conversation is one this female candidate left our office and we discusses hiring her, my supervisor immediately beamed about how she was going to improve our productivity with her "Expert" level Solidworks skills.

I tried to keep a cool head and asked "Is she actually an Expert? There is a certification exam for Experts that is above my Professional one. Does she have one?" My supervisor then said "No one cares about those. They hand those out at the door for people like you." Still trying to keep my cool, I asked how she had performed on the test we gave her. He said she did it in less than 30 minutes. I said I could have made that part and assembly in Solidworks in two minutes flat.

He then said this line: "Yeah, but you're not a hot chick. She's better."

I honestly question if anyone in the universe would NOT consider this sex discrimination. Here is a female, doing everything that I do, but slower because she is a beginner, getting all the praise that I am denied, and apparently I've been denied that because I'm male. I've accepted the fact my supervisor is a perverted and short sighted man who constantly tries to ask me about my sexual conquests as if to live through me, something I am not OK with but will brush off just for a paycheck, but this revelation that I am going no where in the company because I don't look good in a two piece bikini to him has me fuming.

I want to take this to HR. I need to take this to HR. My question is how far over the line is he, how can I prove it, how do I go about reporting it, and should I even bother or should I just put in my two weeks and move on?
Five answers:
Gamileon
13 years ago
That comment is likely sex discrimination on its face. However, a stray comment is not typically enough to do anything about.

Generally, to be able to do anything about sex discrimination, you will need to be able to show the court show some adverse employment action (i.e. not getting hired, getting fired, not getting advancements). Here you talk about two things that could potentially create this adverse employment action: a hostile work environment, which comes from his continual pestering you about your sex life and also the stray comments he makes, and your failure to advance



To prevail on a Title VII Hostile Work Environment Claim, you must establish (1) unwelcome conduct; (2) based on a protected class; (3) sufficiently pervasive or sever to alter the conditions of employment and to create a hostile work environment; and (4) some basis for imputing liability to the company (i.e. agency theory).



In other words, it is usually hard to win a sex discrimination claim.



The statute of limitations for sexual discrimination is very short (limited to filing a complaint with the EEOC within 90 days, potentially). For this reason, you should go talk to an attorney as soon as possible.
Artemis Agrotera
13 years ago
Put in your two weeks and move on.



Can you report this to HR? Sure. But you will look ridiculous over getting your nose out of joint about an inappropriate comment made about a third person -ESPECIALLY when your boss tells HR he was only joking with you.



But by reporting this, you could be potentially setting her up to have a pretty good sexual harassment lawsuit against the company if the boss ever behaves inappropriately toward HER. But reporting him for making inappropriate comments about her does you absolutely no good whatsoever.
mnwomen
13 years ago
He makes one remark and you want to make a big deal out of it? How do you jump from that remark to you will go nowhere because you are a male. He is a male chauvinist pig but that does not mean you will go nowhere. He is not the owner just a supervisor. You can take this to HR but is really going to make you look silly. If you are that unhappy then put in your notice and leave.
mumper
8 years ago
probable, definite, however the school has the superb to call residing house to persons any time the scholar is engaged in habit that violates the code of habit, and public reflects of love (PDA) qualifies. incredibly pathetic, relatively, yet know it is all pushed by using previous complaints that persons have claimed against colleges. there grow to be probable a case the place mothers and fathers sued the school because of the fact their son have been given HIV and that they had no thought he grow to be gay and grow to be overtly gay in college. So the school have been given sued great time and be conscious have been given around the rustic that any time a baby is caught enticing in gay pastime in college, the be sure/father or mom desires to be alerted as we communicate. Litigation legal experts (and the judges who circulate alongside with such BS) completely suck. They smash each and every little thing approximately our great united states of america, and unavoidably if there is something completely stupid and idiodic a pair of rule or regulation, you will possibly be certain, one thousand%, that a prior lawsuit or worry of litigation is at the back of it. making a great deal out of this might get you nowhere. They did what the code of habit entitles them to do. Case closed.
divot II
13 years ago
Believe it or not, there is no law against managers being stupid. You still have your job. No discrimination. You wanna stir the pot and get your manager fired? Best wishes. Ever heard of "unintended consequences?"


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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