Workplace Gender Discrimination Case
Summary
The user, a part-time male employee at a nightclub in Detroit, Michigan, was denied a shift for an all-female event. He believes this to be a case of gender discrimination. The user has evidence in the form of text messages and potential witnesses. He has not yet discussed the issue with his employer or consulted a lawyer. The user has previously filed a complaint with the EEOC but had a negative experience. The Elliott-Larsen Civil Rights Act, which prohibits sex-based employment discrimination, may apply to this case.Full Conversation
I, a man, work at a nightclub and I was refused a shift for "an all-female" event where the event manager requested an all-female staff (for reference: https://sorrypapi.com/about-us/). I feel this is blatant illegal discrimination. Do I have anything here?
What is the location of your workplace? This will help me provide you with the most accurate information regarding employment discrimination laws in your area.
Detroit, Michigan
What is the name of the nightclub where you work? In Michigan, employment discrimination based on sex is generally illegal under the Elliott-Larsen Civil Rights Act.
St. Andrew's Hall
What is the date and details of the event where you were refused a shift?
In Michigan, the Elliott-Larsen Civil Rights Act prohibits sex-based employment discrimination.
In Michigan, the Elliott-Larsen Civil Rights Act prohibits sex-based employment discrimination.
*/*/*. The event's description, per the production's official website: The Sorry Papi Tour is the World’s Largest and First All-Women Reggaeton party. An event that we created in a class of itself. Our goal is to create an environment free of men where women can feel safe, transcend self-love, and empower one another. "
Did you discuss this issue with your employer or any higher authority in your workplace?
In Michigan, the Elliott-Larsen Civil Rights Act prohibits sex-based employment discrimination.
In Michigan, the Elliott-Larsen Civil Rights Act prohibits sex-based employment discrimination.
Not yet.
Before taking any legal action, it's advisable to discuss your concerns with your employer. Have you considered this?
I wanted to be aware of my legal rights before this occurred.
Have you faced any similar instances of discrimination at your workplace before?
Not at this employer.
Have you documented any evidence of this discrimination, such as emails or text messages?
Yes, there is a text message string asking for staff with the instruction that only females apply, as well as my stating my availability. The denial and information that a female would work the shift was an in-person conversation I do not have a record of.
Do you have any witnesses who can corroborate your claim of discrimination?
The text request went out to at least a dozen employees and the manager making the scheduling decision could corroborate.
What is the manager's stance on this issue? Have they provided any justification for their decision?
That the event requested only female staff and the venue would comply.
What is the manager's reason for complying with the event's request for only female staff?
I assume to appease the event organizer and prevent the event from being canceled. I have not seen a contract for the event, so I do not know the terms or what would happen in the event of a male employee being onsite.
Have you consulted with a lawyer or any legal authority about this issue?
Not yet.
Have you faced any retaliation or negative consequences at work since this incident occurred?
The event is tomorrow and the refusal to hire me for the shift was yesterday.
What is the nature of your employment contract with the nightclub? Are you a full-time, part-time, or casual employee?
Part-time since April of last year.
Have you experienced any loss of income or other negative impacts due to not being able to work this shift?
I would have been paid somewhere between forty and seventy dollars for covering the shift.
Have you experienced any other form of discrimination at this workplace or any other workplace in the past?
Nothing at this employer.
Have you ever faced a similar situation at any other workplace in the past?
No.
What is the gender composition of the rest of the staff at the event?
In Michigan, the Elliott-Larsen Civil Rights Act prohibits sex-based employment discrimination. However, there can be exceptions if gender is a bona fide occupational qualification.
In Michigan, the Elliott-Larsen Civil Rights Act prohibits sex-based employment discrimination. However, there can be exceptions if gender is a bona fide occupational qualification.
I am not aware. I haven't spoken to any other departments.
Do you know if the event organizer has made similar requests for all-female staff at other venues or events?
Its website states no men would be present at any events. I assume the same request that was made to us would go to the other locations.
Have you ever signed any agreement or contract that allows the employer to assign shifts based on gender or any other specific criteria?
In Michigan, the Elliott-Larsen Civil Rights Act prohibits sex-based employment discrimination. However, exceptions exist if gender is a bona fide occupational qualification.
In Michigan, the Elliott-Larsen Civil Rights Act prohibits sex-based employment discrimination. However, exceptions exist if gender is a bona fide occupational qualification.
No.
Have you ever faced any form of retaliation or negative consequences at work due to raising this issue?
I haven't raised the issue yet.
Have you considered filing a complaint with the Equal Employment Opportunity Commission (EEOC)? They handle cases of workplace discrimination.
Yes, but I have had bad experiences with them in the past.
What were the issues you faced with the EEOC in the past? This could help us understand your situation better.
I have a complaint pending against an agent for refusing to consult potential witnesses whose contact information I provided.
What was the nature of your previous complaint with the EEOC and why did the agent refuse to consult the potential witnesses?