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Posted: 6/29/2015 3:03:42 PM EDT
I've never been in this position before and know nothing about legal advice.

Essentially my girlfriend worked for a company for around 6 months before that company was purchased by a much larger company and was retained as an employee. Her new boss (a middle aged female) has made her life hell.


  • She will not allow the girlfriend to wear heeled shoes per a "safety issue" but the boss wears them herself (this is a white collar office environment).

  • The HR department (22,000 employees) was unresponsive for two weeks regarding the heel issue as there is nothing in the employee handbook citing this and upon contact had no explanation other than to listen to the supervisor.

  • A male counterpart doing the same job was brought back with a slightly different job title making significantly more than her.

  • The boss is now changing her work hours to something that is not feasible (2 hours later start and end) based upon my girlfriend attending college courses for her master's and said boss is aware of this. Response? "Too Bad"


Thoughts on what to do? I cannot stand people like this,  am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year.
Link Posted: 6/29/2015 3:10:05 PM EDT
[#1]
It may be far easier to find a new job then to think there is any worth to filing suit for footwear issues and the supervisor "does not like me" offense.
Although, I am sure there is some sleezebag attorney that will Pro Bono the case and will leave you both with less than when you started with.
Link Posted: 6/29/2015 3:11:15 PM EDT
[#2]
If HR won't even help her, she probably needs to look for employment elsewhere.  It sucks to have to work with/for shitty people. BTDT




Link Posted: 6/29/2015 3:11:23 PM EDT
[#3]
Find another job.

You'd have a hell of a hard time with a "hostile work environment" because none of the behaviour you mentioned seems to be based on protected class criteria.

"My boss is an ass" isn't actionable.
Link Posted: 6/29/2015 3:15:15 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Find another job.

You'd have a hell of a hard time with a "hostile work environment" because none of the behaviour you mentioned seems to be based on protected class criteria.

"My boss is an ass" isn't actionable.
View Quote


This is sage advice. It sounds like her boss is making it difficult. Not sure the reason, but it's best to find somewhere else.

As a side note: If she files suit, be damn sure she can win. A lot of employers will not hire a lawsuit happy employee. Too many things can go sideways, thru no fault of anyone, and the employer does not want to be on the hook for a large amount of money should your GF decide she wants to file suit again.
Link Posted: 6/29/2015 3:15:49 PM EDT
[#5]
Any other female coworkers prohibited from wearing heals or just your girlfriend?
Link Posted: 6/29/2015 3:17:00 PM EDT
[#6]
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Quoted:
Any other female coworkers prohibited from wearing heals or just your girlfriend?
View Quote


Just the girlfriend. Many other managers and employees wear them without reprimand.
Link Posted: 6/29/2015 3:18:04 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


This is sage advice. It sounds like her boss is making it difficult. Not sure the reason, but it's best to find somewhere else.

As a side note: If she files suit, be damn sure she can win. A lot of employers will not hire a lawsuit happy employee. Too many things can go sideways, thru no fault of anyone, and the employer does not want to be on the hook for a large amount of money should your GF decide she wants to file suit again.
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Quoted:
Quoted:
Find another job.

You'd have a hell of a hard time with a "hostile work environment" because none of the behaviour you mentioned seems to be based on protected class criteria.

"My boss is an ass" isn't actionable.


This is sage advice. It sounds like her boss is making it difficult. Not sure the reason, but it's best to find somewhere else.

As a side note: If she files suit, be damn sure she can win. A lot of employers will not hire a lawsuit happy employee. Too many things can go sideways, thru no fault of anyone, and the employer does not want to be on the hook for a large amount of money should your GF decide she wants to file suit again.


That was my thought. She has a good resume and education, and shouldn't have a problem finding alternative employment - just wanted to ask on her behalf from those in HR/legal that may have insight. Thanks!
Link Posted: 6/29/2015 3:29:16 PM EDT
[#8]
Find a new job before you have to tell the new prospective employer I quite my last job because I couldn't wear heels.

If she like to wear heels that much I know of a few places she can work.
Link Posted: 6/29/2015 3:34:17 PM EDT
[#9]
Quoted:
I've never been in this position before and know nothing about legal advice.

Essentially my girlfriend worked for a company for around 6 months before that company was purchased by a much larger company and was retained as an employee. Her new boss (a middle aged female) has made her life hell.


  • She will not allow the girlfriend to wear heeled shoes per a "safety issue" but the boss wears them herself (this is a white collar office environment).

  • The HR department (22,000 employees) was unresponsive for two weeks regarding the heel issue as there is nothing in the employee handbook citing this and upon contact had no explanation other than to listen to the supervisor.

  • A male counterpart doing the same job was brought back with a slightly different job title making significantly more than her.

  • The boss is now changing her work hours to something that is not feasible (2 hours later start and end) based upon my girlfriend attending college courses for her master's and said boss is aware of this. Response? "Too Bad"


Thoughts on what to do? I cannot stand people like this,  am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year.
View Quote



You consider this hell?



Holy shit, you must not have worked corporate long.



1) Forget the shoes, it's shoes.  Wear something more comfortable anyways.
2) HR department already directed to listen to supervisor
3) Male counterpart was re-hired.   Re-hired means that the company fucked up and they want you back, AKA, HIGHER salary as per usual.   If your gf leaves citing low salary then they MIGHT just might offer her higher pay.
4) Hours gets changed all the time depending on projects or deliveries.  Salaried does not mean 40 hour work weeks comprised of 9-5 times or special time arrangements.


I can't see any lawyer wanting to take this.



Find another job would be my suggestion.
Link Posted: 6/29/2015 3:37:33 PM EDT
[#10]
Op and girlfriend are what's wrong with this country.
Link Posted: 6/29/2015 3:38:33 PM EDT
[#11]
Quoted:
I've never been in this position before and know nothing about legal advice.

Essentially my girlfriend worked for a company for around 6 months before that company was purchased by a much larger company and was retained as an employee. Her new boss (a middle aged female) has made her life hell.


  • She will not allow the girlfriend to wear heeled shoes per a "safety issue" but the boss wears them herself (this is a white collar office environment).

  • The HR department (22,000 employees) was unresponsive for two weeks regarding the heel issue as there is nothing in the employee handbook citing this and upon contact had no explanation other than to listen to the supervisor.

  • A male counterpart doing the same job was brought back with a slightly different job title making significantly more than her.

  • The boss is now changing her work hours to something that is not feasible (2 hours later start and end) based upon my girlfriend attending college courses for her master's and said boss is aware of this. Response? "Too Bad"


Thoughts on what to do? I cannot stand people like this,  am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year.
View Quote


Not a lawyer, but nothing you've said sounds like discrimination based on any of the protected classes.

If you can prove beyond all doubt that her boss won't let her wear heels/ changed her work schedule because of her...

-Race
-Gender
-Sexual orientation
-National origin
-Religion
-Etc

Then maybe you sue. Maybe.

Otherwise, it just sounds like the new boss wants her out, for whatever reason.

Is Michigan an "at-will" employment state, or would they have to fire her for cause? Maybe they want her to quit instead of just firing her...
Link Posted: 6/29/2015 3:42:17 PM EDT
[#12]
Find  a new job.
Link Posted: 6/29/2015 3:42:23 PM EDT
[#13]
Sounds to me like your girlfriend is being pushed out.  Is she prettier than her boss?
Link Posted: 6/29/2015 3:43:12 PM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Not a lawyer, but nothing you've said sounds like discrimination based on any of the protected classes.

If you can prove beyond all doubt that her boss won't let her wear heels/ changed her work schedule because of her...

-Race
-Gender
-Sexual orientation
-National origin
-Religion
-Etc

Then maybe you sue. Maybe.

Otherwise, it just sounds like the new boss wants her out, for whatever reason.

Is Michigan an "at-will" employment state, or would they have to fire her for cause? Maybe they want her to quit instead of just firing her...
View Quote View All Quotes
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Quoted:
Quoted:
I've never been in this position before and know nothing about legal advice.

Essentially my girlfriend worked for a company for around 6 months before that company was purchased by a much larger company and was retained as an employee. Her new boss (a middle aged female) has made her life hell.


  • She will not allow the girlfriend to wear heeled shoes per a "safety issue" but the boss wears them herself (this is a white collar office environment).

  • The HR department (22,000 employees) was unresponsive for two weeks regarding the heel issue as there is nothing in the employee handbook citing this and upon contact had no explanation other than to listen to the supervisor.

  • A male counterpart doing the same job was brought back with a slightly different job title making significantly more than her.

  • The boss is now changing her work hours to something that is not feasible (2 hours later start and end) based upon my girlfriend attending college courses for her master's and said boss is aware of this. Response? "Too Bad"


Thoughts on what to do? I cannot stand people like this,  am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year.


Not a lawyer, but nothing you've said sounds like discrimination based on any of the protected classes.

If you can prove beyond all doubt that her boss won't let her wear heels/ changed her work schedule because of her...

-Race
-Gender
-Sexual orientation
-National origin
-Religion
-Etc

Then maybe you sue. Maybe.

Otherwise, it just sounds like the new boss wants her out, for whatever reason.

Is Michigan an "at-will" employment state, or would they have to fire her for cause? Maybe they want her to quit instead of just firing her...


This is my thought.
Link Posted: 6/29/2015 3:43:45 PM EDT
[#15]
I think you are just looking for shit to get wound up about.

If wearing high heels at work is such a big fucking deal, your girl friend should get a better job, in a better environment.

Don't stir shit up, it may not work out the way you think it should.

By the way, how old are you?
Link Posted: 6/29/2015 3:44:20 PM EDT
[#16]
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Quoted:
Sounds to me like your girlfriend is being pushed out.  Is she prettier than her boss?
View Quote


Yes. Like Shrek is to a Supermodel.
Link Posted: 6/29/2015 3:46:19 PM EDT
[#17]
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Quoted:
I think you are just looking for shit to get wound up about.

If wearing high heels at work is such a big fucking deal, your girl friend should get a better job, in a better environment.

Don't stir shit up, it may not work out the way you think it should.

By the way, how old are you?
View Quote


I think that is childish to restrict a single employees actions or appearance without just cause. Call me crazy but I served in the Marine Corps on that premise (Freedom).
Link Posted: 6/29/2015 3:47:19 PM EDT
[#18]
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Quoted:


Just the girlfriend. Many other managers and employees wear them without reprimand.
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Quoted:
Quoted:
Any other female coworkers prohibited from wearing heals or just your girlfriend?


Just the girlfriend. Many other managers and employees wear them without reprimand.



  Get pictures and DOCUMENT, DOCUMENT, DOCUMENT! It sounds like she SHOULD have a case for workplace harrasment but that probably only works against MALE supervisors!

 But I agree, she should get out of there. Lawsuit or not.  Life's too short to live in fear of A-hole bosses.
Link Posted: 6/29/2015 3:47:37 PM EDT
[#19]
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Quoted:
Op and girlfriend are what's wrong with this country.
View Quote


Yep. You got me. Served in the Marine Corps, educated myself, pay my taxes and have been quite successful. You score /
Link Posted: 6/29/2015 3:47:55 PM EDT
[#20]
Not sure if she ever goes out in the manufacturing area but our company does not allow heels to be worn on the shop floors.
Link Posted: 6/29/2015 3:48:49 PM EDT
[#21]
Discussion ForumsJump to Quoted PostQuote History
Quoted:



  Get pictures and DOCUMENT, DOCUMENT, DOCUMENT! It sounds like she SHOULD have a case for workplace harrasment but that probably only works against MALE supervisors!

 But I agree, she should get out of there. Lawsuit or not.  Life's too short to live in fear of A-hole bosses.
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Quoted:
Quoted:
Quoted:
Any other female coworkers prohibited from wearing heals or just your girlfriend?


Just the girlfriend. Many other managers and employees wear them without reprimand.



  Get pictures and DOCUMENT, DOCUMENT, DOCUMENT! It sounds like she SHOULD have a case for workplace harrasment but that probably only works against MALE supervisors!

 But I agree, she should get out of there. Lawsuit or not.  Life's too short to live in fear of A-hole bosses.


She has been. Emails from HR, pictures, etc. and like I said - she is the ONLY female reprimanded and she is also the only one that doesn't look like a bag of yogurt.
Link Posted: 6/29/2015 3:49:16 PM EDT
[#22]
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Quoted:
Not sure if she ever goes out in the manufacturing area but our company does not allow heels to be worn on the shop floors.
View Quote


That's a negative.
Link Posted: 6/29/2015 3:51:13 PM EDT
[#23]
Move on.
Link Posted: 6/29/2015 3:54:52 PM EDT
[#24]
As a few others have said, this is a personal thing between her and the Manager.  It is obvious the Manager does not care for her but I honestly do not see any lawyer taking this case based on discrimination.  Mandating the type of shoes you wear and the hours you work (if you are salary) does not fit into what I would consider breaking company policy or discriminating against her.

With only over 6 months at the company that does not help her much either.  I would simply look for another job.
Link Posted: 6/29/2015 3:55:10 PM EDT
[#25]
I think a dog shit on his lawn.


Like mentioned, she really has no standing against discrimination.

Either deal with it, play the game or move on.
Link Posted: 6/29/2015 3:56:48 PM EDT
[#26]
Quoted:
I've never been in this position before and know nothing about legal advice.

Essentially my girlfriend worked for a company for around 6 months before that company was purchased by a much larger company and was retained as an employee. Her new boss (a middle aged female) has made her life hell.


  • She will not allow the girlfriend to wear heeled shoes per a "safety issue" but the boss wears them herself (this is a white collar office environment).

  • The HR department (22,000 employees) was unresponsive for two weeks regarding the heel issue as there is nothing in the employee handbook citing this and upon contact had no explanation other than to listen to the supervisor.

  • A male counterpart doing the same job was brought back with a slightly different job title making significantly more than her.

  • The boss is now changing her work hours to something that is not feasible (2 hours later start and end) based upon my girlfriend attending college courses for her master's and said boss is aware of this. Response? "Too Bad"


Thoughts on what to do? I cannot stand people like this,  am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year.
View Quote

you aren't getting the whole story.
I don't know what is going on but this isn't 100% of it.
Link Posted: 6/29/2015 3:57:27 PM EDT
[#27]
I think you need to learn to choose your battles, OP.
Link Posted: 6/29/2015 3:59:42 PM EDT
[#28]
Quoted:
I've never been in this position before and know nothing about legal advice.

Essentially my girlfriend worked for a company for around 6 months before that company was purchased by a much larger company and was retained as an employee. Her new boss (a middle aged female) has made her life hell.


  • She will not allow the girlfriend to wear heeled shoes per a "safety issue" but the boss wears them herself (this is a white collar office environment).

  • The HR department (22,000 employees) was unresponsive for two weeks regarding the heel issue as there is nothing in the employee handbook citing this and upon contact had no explanation other than to listen to the supervisor.

  • A male counterpart doing the same job was brought back with a slightly different job title making significantly more than her.

  • The boss is now changing her work hours to something that is not feasible (2 hours later start and end) based upon my girlfriend attending college courses for her master's and said boss is aware of this. Response? "Too Bad"


Thoughts on what to do? I cannot stand people like this,  am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year.
View Quote


leave. its obvious that they do not have cause. but they want her to leave.
Link Posted: 6/29/2015 4:01:33 PM EDT
[#29]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

you aren't getting the whole story.
I don't know what is going on but this isn't 100% of it.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I've never been in this position before and know nothing about legal advice.

Essentially my girlfriend worked for a company for around 6 months before that company was purchased by a much larger company and was retained as an employee. Her new boss (a middle aged female) has made her life hell.


  • She will not allow the girlfriend to wear heeled shoes per a "safety issue" but the boss wears them herself (this is a white collar office environment).

  • The HR department (22,000 employees) was unresponsive for two weeks regarding the heel issue as there is nothing in the employee handbook citing this and upon contact had no explanation other than to listen to the supervisor.

  • A male counterpart doing the same job was brought back with a slightly different job title making significantly more than her.

  • The boss is now changing her work hours to something that is not feasible (2 hours later start and end) based upon my girlfriend attending college courses for her master's and said boss is aware of this. Response? "Too Bad"


Thoughts on what to do? I cannot stand people like this,  am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year.

you aren't getting the whole story.
I don't know what is going on but this isn't 100% of it.


I had the same thoughts.
Link Posted: 6/29/2015 4:01:57 PM EDT
[#30]
Yankees.    Yes the South is evil, but I'm just saying.
Link Posted: 6/29/2015 4:07:23 PM EDT
[#31]
Quoted:
Thoughts on what to do? I cannot stand people like this,  am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year.
View Quote


It's time to move on.  This is not a good situation.  You're going to have to find a new girlfriend with a more reliable long term source of income.  This one could be shut off at any time.
Link Posted: 6/29/2015 4:09:20 PM EDT
[#32]
If you want to dick around with this...

large companies almost always have employee handbooks. While they may mandate types of attire as appropriate for the workplace I've never seen one that talked about shoes anywhere other than a factory or shop floor, construction, etc.

If girlfriend wants to make a stink and  the employee handbook does not cover footwear applicable to her, she should wear whatever she wants.  Then let her manager take it up with HR.  She's already on the manager's shit list, this won't make it worse (according to you).

Link Posted: 6/29/2015 4:09:44 PM EDT
[#33]
Wear what she wants. Get pics of others doing same. When boss reprimands, take it and evidence of unequal treatment to hr. Boss will look like the heel.
Link Posted: 6/29/2015 4:10:12 PM EDT
[#34]
It sounds like for reasons known only to herself (and maybe HR), the supervisor wants your girlfriend to quit.  It is actually a pretty common tactic to push someone as far as the employee manual will allow in an effort to get them to leave.  No unemployment claims that way.
Link Posted: 6/29/2015 4:14:48 PM EDT
[#35]
Nothing there is improper, OP.


Work is not our living room.  Sometimes people who pay us get to tell us what to do.   And we don't even have to like it.

As for the guy "brought back."  Sounds like he has more experience than your GF.  This could easily explain more money (she's only been working 6 mos, right?)

Is this your GF's first "real" job?

I think this may be a case of discomfort in the adjustment period from college to real life.

Posted Via AR15.Com Mobile
Link Posted: 6/29/2015 4:15:23 PM EDT
[#36]
Wait until she gets fired for wearing heels to file suit.  They might find another reason to fire her, but it sounds like that may happen anyway.

If she wants to stay at the same company, she needs to start "networking" and find someone else to work under.
Link Posted: 6/29/2015 4:20:03 PM EDT
[#37]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Nothing there is improper, OP.


Work is not our living room.  Sometimes people who pay us get to tell us what to do.   And we don't even have to like it.

As for the guy "brought back."  Sounds like he has more experience than your GF.  This could easily explain more money (she's only been working 6 mos, right?)

Is this your GF's first "real" job?

I think this may be a case of discomfort in the adjustment period from college to real life.

Posted Via AR15.Com Mobile
View Quote


Nothing wrong with standing up to a bully boss when/if you're treated unfairly.

Should also be looking for a better job, too. Always good to have a Fuck You in your pocket.

Now, I've.never had to put up with corporate environment. In tool shops, if the boss is an ass, you tell him so and go to the next shop or start your own. They need me more than the other way round. It's wise to put yourself in such stead.
Link Posted: 6/29/2015 4:20:19 PM EDT
[#38]
The only thing that might be actionable is the male who got a promotion, but you would have to establish that the promotion was based on gender, and that your GF was passed over due to her gender.  Go get a new job instead.
Link Posted: 6/29/2015 4:22:08 PM EDT
[#39]

Discussion ForumsJump to Quoted PostQuote History
Quoted:


It sounds like for reasons known only to herself (and maybe HR), the supervisor wants your girlfriend to quit.  It is actually a pretty common tactic to push someone as far as the employee manual will allow in an effort to get them to leave.  No unemployment claims that way.
View Quote
This, find another job asap.

 
Link Posted: 6/29/2015 4:23:04 PM EDT
[#40]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If HR won't even help her, she probably needs to look for employment elsewhere.  It sucks to have to work with/for shitty people. BTDT
View Quote


Yeah.  Long ago, I had a female supervisor who took it upon herself to make my life miserable.  I talked to HR, they said "Yeah, that's wrong, we can talk to her, but in the end, she'll still be your boss."  I got the hint.

I started putting out resumes, and left the company a week and a half later.   I've moved on to such bigger and better things that it's ridiculous.  OP, have her start looking for other employment.

On a side note, after all of that happened, I found out that the previous two people to have that job quit for the same reason.  They finally just got rid of the position entirely.
Link Posted: 6/29/2015 4:31:44 PM EDT
[#41]
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Quoted:
The only thing that might be actionable is the male who got a promotion, but you would have to establish that the promotion was based on gender, and that your GF was passed over due to her gender.  Go get a new job instead.
View Quote


In federal employment discrimination lawsuits, one usually needs to prove a pattern of discriminatory behavior to prevail.  Having a sample size of one isn't going to cut it.  There could be all sorts of intangibles where the guy (even if they prefer men over women) could be deemed a superior choice.

Now, in the OP's fact pattern, the shoes might be an issue, but only internally and not at the federal level.  If she can prove that all of her peers are allowed to wear high heels and that her boss wears high heels, she might be able to put some pressure on HR to do something, but that then tolls a death knell.

Chris

Link Posted: 6/29/2015 4:38:16 PM EDT
[#42]
Quoted:
I've never been in this position before and know nothing about legal advice.

Essentially my girlfriend worked for a company for around 6 months before that company was purchased by a much larger company and was retained as an employee. Her new boss (a middle aged female) has made her life hell.


  • She will not allow the girlfriend to wear heeled shoes per a "safety issue" but the boss wears them herself (this is a white collar office environment).

  • The HR department (22,000 employees) was unresponsive for two weeks regarding the heel issue as there is nothing in the employee handbook citing this and upon contact had no explanation other than to listen to the supervisor.

  • A male counterpart doing the same job was brought back with a slightly different job title making significantly more than her.

  • The boss is now changing her work hours to something that is not feasible (2 hours later start and end) based upon my girlfriend attending college courses for her master's and said boss is aware of this. Response? "Too Bad"


Thoughts on what to do? I cannot stand people like this,  am a white collar manager myself and would never treat a subordinate poorly unless they deserved it (and was abiding by company policy). I have seen my girlfriend's work ethic and do not believe that this treatment is warranted. Is this a "chalk it up and find another job?" or file a suit? Keep in mind there has been many other petty BS occurrences over stupid items such as stating that my girlfriend was late, however there is proof citing otherwise (emails/logins). This treatment has occurred for more than one year.
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Working for people like that will take years off your life.  It's not worth it.  Tell her to shake the dust from her feet and move on.  If it bothers you that they are "getting away" with being like that, just remember that being that kind of miserable person is its own punishment.  Leave them to stew in their own poison.
Link Posted: 6/29/2015 4:39:06 PM EDT
[#43]


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In federal employment discrimination lawsuits, one usually needs to prove a pattern of discriminatory behavior to prevail.  Having a sample size of one isn't going to cut it.  There could be all sorts of intangibles where the guy (even if they prefer men over women) could be deemed a superior choice.





Now, in the OP's fact pattern, the shoes might be an issue, but only internally and not at the federal level.  If she can prove that all of her peers are allowed to wear high heels and that her boss wears high heels, she might be able to put some pressure on HR to do something, but that then tolls a death knell.





Chris





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The only thing that might be actionable is the male who got a promotion, but you would have to establish that the promotion was based on gender, and that your GF was passed over due to her gender.  Go get a new job instead.






In federal employment discrimination lawsuits, one usually needs to prove a pattern of discriminatory behavior to prevail.  Having a sample size of one isn't going to cut it.  There could be all sorts of intangibles where the guy (even if they prefer men over women) could be deemed a superior choice.





Now, in the OP's fact pattern, the shoes might be an issue, but only internally and not at the federal level.  If she can prove that all of her peers are allowed to wear high heels and that her boss wears high heels, she might be able to put some pressure on HR to do something, but that then tolls a death knell.





Chris





Pattern or Practice discrimination is one type of discrimination.  But you can bring an entirely individual case of discrimination as well, it is just much harder to prove.  In a pattern or practice case you can use statistics to show that 50% of qualified women got a promotion and 100% of qualified men got a promotion.  For an individual case you usually need something pretty glaring such as discriminatory comments by management, a gross disparity in qualifications between the person promoted and the person passed over, etc.  



Edited: There are three general types of discrimination cases.



1. Disparate Treatment.  Individual discrimination.  Prove that an adverse employment action happened due to race, gender, etc.

2. Disparate Impact.  Statistical case.  Prove that company X employes a practice that discriminates against a protected class, and prove that the practice is not necessary to the functioning of the business.

3. Pattern or Practice.  A hybrid of 1 and 2.  Use statistics to prove that company X systemically discriminates against a protected class along with anecdotal evidence of discriminatory intent (i.e., comments about "women can't do this job" from management, etc.).  





 
Link Posted: 6/29/2015 4:48:36 PM EDT
[#44]

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Nothing wrong with standing up to a bully boss when/if you're treated unfairly.



Should also be looking for a better job, too. Always good to have a Fuck You in your pocket.



Now, I've.never had to put up with corporate environment. In tool shops, if the boss is an ass, you tell him so and go to the next shop or start your own. They need me more than the other way round. It's wise to put yourself in such stead.
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Nothing there is improper, OP.





Work is not our living room.  Sometimes people who pay us get to tell us what to do.   And we don't even have to like it.



As for the guy "brought back."  Sounds like he has more experience than your GF.  This could easily explain more money (she's only been working 6 mos, right?)



Is this your GF's first "real" job?



I think this may be a case of discomfort in the adjustment period from college to real life.



Posted Via AR15.Com Mobile




Nothing wrong with standing up to a bully boss when/if you're treated unfairly.



Should also be looking for a better job, too. Always good to have a Fuck You in your pocket.



Now, I've.never had to put up with corporate environment. In tool shops, if the boss is an ass, you tell him so and go to the next shop or start your own. They need me more than the other way round. It's wise to put yourself in such stead.




 



First: where's your avatar??







Second:  




Employee definition of fair:




Fair = I got what I wanted

Unfair = I did not get what I wanted




Employee definition of bully manager:




A boss who sometimes says no, and means it.









Link Posted: 6/29/2015 5:00:24 PM EDT
[#45]
None of that is actionable, GF needs to brush up her resume and find another job.

If she wants to be catty about it she can spread it around on her last day that her new position is offering triple her current salary - even if it's not - just because living well is the best revenge.
Link Posted: 6/29/2015 5:05:00 PM EDT
[#46]
Depends on if you live in a "work at will" state. This means an employee can be fired at any time and for any reason, or for no reason at all, as long as the reason for the firing is not illegal.

Discrimination by a female boss on a female employee would be next to impossible to prove...
Link Posted: 6/29/2015 5:05:49 PM EDT
[#47]
Heel wearing isn't a protected act. That isn't discrimination.

Disparate treatment is the problem here. They have the authority to adjust shifts. It is their business. The shoe aspect should be monitored. Have her comply for now. Have her document everyone else violating it.

The guy being hired back doesn't mean much.
Link Posted: 6/29/2015 5:20:31 PM EDT
[#48]
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That's a negative.
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Not sure if she ever goes out in the manufacturing area but our company does not allow heels to be worn on the shop floors.


That's a negative.

Get her some good flats. Several pairs. Her boss won't be able to say anything about heel height with no heels, and she can still dress appropriately for an office.

For women they're good (and apparently very comfortable) summertime footwear.

At my job the rule for heels is an inch and a half, but it's mostly warehouse so none of the women are in heels anyhow. "Cute" flats will be the workaround that'll make her boss crazy, especially if she gets compliments from her female coworkers.
Link Posted: 6/29/2015 5:24:29 PM EDT
[#49]
Where is the fucking discrimination based upon her being a protected class?

Sounds like her boss hates her.


If she hates her job, why doesn't she quit and find a new fucking job?

Link Posted: 6/29/2015 5:30:24 PM EDT
[#50]
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I think that is childish to restrict a single employees actions or appearance without just cause. Call me crazy but I served in the Marine Corps on that premise (Freedom).
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I think you are just looking for shit to get wound up about.

If wearing high heels at work is such a big fucking deal, your girl friend should get a better job, in a better environment.

Don't stir shit up, it may not work out the way you think it should.

By the way, how old are you?


I think that is childish to restrict a single employees actions or appearance without just cause. Call me crazy but I served in the Marine Corps on that premise (Freedom).



Huh? I think I gotta call you crazy for comparing freedom worth dying for to a boss telling your girlfriend what kind of shoes to wear at work. I'm really, really not seeing the connection.


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