Case Background
Experiencing discrimination in the workplace can have a profound negative impact on one’s mental health, well-being, and ability to advance professionally and achieve financial stability. It should be noted that the perpetrators of workplace discrimination do not always realize their actions are damaging and biased. In the case under consideration, an employer chose to promote a male employee over a single female, citing the male’s status as a family man who needed the money as the reason for the decision.
Legal Grounds for the Female Employee’s Lawsuit
The employer who gave the promotion to a male employee based on the fact that he has a family may be found liable for the decision. If the female employee denied a promotion due to not having a family were to sue the employer, she would likely win in court. It can be argued that the female employee was discriminated against based on gender. Therefore, she has legal grounds to sue the employer for breaking Title VII of the Civil Rights Act 1964 (US EEOC, 2023). Under Title VII, employers are prohibited from discriminating against workers because of their gender, with denial of workplace benefits, opportunities, and rewards based on gender being viewed as biased and inequitable (US EEOC, 2023).
Furthermore, it can be contended that the female staff member experienced marital status discrimination. Depending on the type of organization under consideration, there can be legal grounds to sue the employer for violating the Civil Service Reform Act (U.S. MSPB, 2023). The act prohibits unfair treatment of federal government employees based on their marital status (U.S. MSPB, 2023). Thus, by favoring a male coworker based solely on the fact that he has a family, the employer has violated one law at a minimum.
Factors Considered by the Court in the Decision
If the female employee chooses to proceed with the legal case, several factors will need to be considered by the court to reach a just decision. First, the employee should bring to the attention the court-related educational qualifications, work experience, and performance evolutions at the current workplace to establish that she is qualified for the promotion. Second, to assess whether gender and marital status played a central role in the decision, evidence indicating a pattern of discriminatory behavior in the workplace should be collected and provided. Furthermore, if the female employee was informed about the decision in writing, the related correspondence should be provided to the court. Considering the existing legal basis for the court case and the employer’s disclosure of the reason for promoting the male coworker over the female one, the latter is likely to win the discrimination lawsuit.
References
U.S. MSPB. (2023). Prohibited personnel practices (5 USC § 2302(b)). U.S. Merit Systems Protection Board. Web.
US EEOC. (2023). Title VII of the Civil Rights Act of 1964. U.S. Equal Employment Opportunity Commission. Web.
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