Gender discrimination and retaliation?

I worked as a department supervisor for a large retail company for 8 years. I worked very hard earning excellent reviews. I became a procedural specialist and was asked by district managers to help other stores work out complicated issues. I was asked to head up a new sales program that catered to commercial contractors and professional home builders. I remained the supervisor over another department but was the district �trainer� for the contractor sales department. The position for commercial sales manager became available in my store and I was interviewed.
The position was given to a male associate with very little management experience and no knowledge of construction, sales skills or procedural knowledge. After being asked to train him, and help him with all his duties, I asked what made him more qualified than I was. After lying to me about not making the decision, my store manager informed me he made the decision based 100% on the interview. I was asked during my interview how I would handle issues that may arise due to my being female and if I realized I was going into another world, the customers and most the guys at the desk were from the good old boy network. And may not like a girl running things. I assured him I had complete confidence I could handle any issues, including being female.
After hearing the reason the under qualified good old boy was selected.I informed him that I believed I was discriminated against and would be filing a complaint with human resources and the EEOC. Approximately 3 months later, the new sales manager was promoted to another store.
I was re-interviewed. Two days laster informed that again another male interviewed better, but he was going to break the rules and give me the job.
I dropped the discrimination charges in writing. I felt that the company took the appropriate steps to do the right thing. I soon realized that I made a mistake. Despite the 30% increase in sales, doubling the accounts and breaking company sales records with what became one of the company�s top sales teams. Over the next year, I lost most and finally all my management responsibilities. I was subjected to intense scrutiny. My job security was constantly threatened. The stress began to affect me, eventually I became severely depressed. I experienced panic attacks and uncontrollable crying at work and home. I was seeing doctors and taking a lot of different medications. I was diagnosed with severe depressive and posttraumatic stress disorder, and hyper-arousal/anxiety. I went on a LOA May 22, 2005 and my doctors extended the leave through February 2006. My job was terminated on October 7, 2005. The first 3 months my manager and the human resource manager called 2-3 times per week, wanting documentation and medical notes from my doctor. My doctor began faxing all reports to the store.I was instructed repeatedly to fax everything to the store and they forward the needed information to the benefits department. Telling me I should be receiving a check any day. I never received my STD or LTD to this day. They owe me about $25,000. My only income has been $300.00 per month in food stamps for me and my two children. I was unable to get medical attention or medication until I applied for Medicaid. I called the store to discuss my disability insurance and find out why I was instructed to fax my medical information there when they should have gone to Met Life. The substituting human resource manager from another store interrupted me, and asked if I was the commercial sales supervisor. When I said yes, he told me he could not help me. No manager there was qualified to help me, and suggested I call my doctor who would be able to help with the sort of problems I suffered from. After I was terminated for failure to return from LOA, and job abandonment I went to speak with the manager. He claimed he had no idea where I was so he had no choice but to fire me. I was holding my medical documentation and my store manager physically snatched some of the forms out of my hands and held me back while he made copies of them. He then refused to give me the copies I left. I called regional human resources. Reported the behavior and false information I was given regarding my medical records and benefits.

1 answer  |  asked Jan 6, 2006 4:00 PM [EST]  |  applies to Texas

Answers (1)

Margaret A. Harris
Act Soon

You should go to the EEOC without any further delay. You should also read up on your rights at www.workplacefairness.org, which is a web site written for non-lawyers by a non-profit organization. There are many lawyers in the San Antonio areas you can find through links available at that website.
But, do not delay in getting to the EEOC. And I mean soon. That is the governmental agency you have to go to before you could ever have the right to sue your former employer for the job discrimination that led to your breakdown. There's an office right there in San Antonio.
The disability issues could have to be handled separately, but you and the lawyer you get to represent you in San Antonio can figure that out. Please find a lawyer who is experienced in representing individuals with discrimination claims. There are many in the San Antonio area.
You can also find a list of experienced employment lawyers in San Antonio by going to www.nela.org and then looking for a list of its members. And there's a website www.telaonline.com

Best of luck to you!

posted by Margaret A. Harris  |  Jan 7, 2006 3:11 PM [EST]

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