By Sarah Banda Purvis, Ph.D.
Some might argue that workplace inequities and harassment incidents are
problems of the past and today's laws prevent or minimize their occurrence.
However, many workers fail to realize that although discrimination
legislation as well as related regulations and guidelines have been enacted
to protect employees, employers and their attorneys are extremely skillful at
turning such laws to their advantage. I know. A potentially career-derailing
experience enlightened me.
Several years into my managerial career within Corporate America, I was asked
to work with a young male employee who had been given a developmental
assignment in my department. Higher-level management apparently had taken an
interest in this man and responded to his request for career exposure in a
more qualitative function unlike the somewhat technical area in which he had
worked for a few years.
Through this association, the disturbing realities of corporate salary
inequities hit home. The male trainee held a Bachelor of Science degree and
was considerably younger. His previous position was non-managerial in nature,
and he had no relevant academic or job experience. I, on the other hand, held
a managerial position, possessed a bachelor's and master's degree in fields
related to my job responsibilities, and was in the process of completing my
doctoral degree, again in an area applicable to my function. Also, my
credentials featured numerous years of relevant work experience. Despite such
distinctions, he entered the developmental assignment at a salary level
substantially higher than my own.
The arrangement had been defined as supposedly short-term, but the situation
actually continued far beyond its designated duration. Rumors began to
circulate that the young man's former department was being eliminated and his
previous colleagues would be terminated or reassigned to other parts of the
corporation. It initially appeared that higher-level management had created a
temporary safe haven for this individual. Eventually, management's more
calculated intentions became apparent.
Almost a year after the developmental assignment began, the man's former
department was indeed eliminated in a corporate downsizing and
reorganization. During this same restructuring, the male trainee was
permanently assigned to my department while I was transferred into another
position in a different function. Management described the transfer as a
great growth opportunity in recognition of my stellar job performance.
The ability to always get the job done served as my career trademark. As a
result, by that stage in my professional life, in addition to my defined job
responsibilities, I had been handling special projects and assignments for
the corporation's president and chief executive officer (CEO) as well as
working with the young man in his developmental role. The CEO routinely
commended my job performance. My achievements and abilities were documented,
and I was told that this job change was intended to permit me to "grow with
the company."
However, the so-called career-building position was undefined both in scope
and direction. According to management, definition would come in time. Yet,
excuses were continually made. The corporation never did define my role and
the growth opportunity never materialized. When I questioned this,
management's treatment of me deteriorated. My workload became predominately
administrative and clerical in nature. So much so that when I resigned after
enduring the situation for two years, I was asked to meet with two department
secretaries to turn over the responsibilities I was leaving behind.
Female colleagues who observed this entire sequence of events angrily and
vehemently declared I had been discriminated against and urged me to seek
legal restitution. Despite management's attempt to veil its maneuverings by
slightly altering the job title it had assigned the young man during the
restructuring, he on more than one occasion told me he was carrying out the
same responsibilities I had handled. He also continued to seek out my advice
and guidance during his initial months in the job. In essence, my former male
trainee was earning considerably more money for doing the same work I once
did.
Did my then employer break any laws? Absolutely not. Although management
became rather transparent in its intent, it had covered its tracks from a
legal standpoint according to a labor law attorney I consulted. Management's
actions included an important preliminary step. The corporation transferred
me out of my job into another newly created position before assigning my
previous responsibilities to the young male trainee. He and I would not be
doing the same work at the same time.
What is ironic is that a few years earlier I had asked to interview for a
position in another area of the corporation. The person filling the job told
me there was no doubt in her mind I could handle the responsibilities.
However, she said she had been told by her higher-ranking boss that he wanted
an MBA in the position. Since my master's degree was more qualitative in
nature, I was not given an opportunity to interview or be considered. Just a
couple of years later, though, the corporation moved me out of a qualitative
job so a man with a more technical background without any relevant work or
academic credentials could take over my responsibilities at a higher salary.
As for the corporation underutilizing my skills and credentials in the newly
created, undefined position, the lawyer I consulted further noted that in an
employment at-will state, my employer could ask me to "sweep the floors" and
I would have no legal recourse. Employment at-will is a rule created in the
days when the workplace was less complicated in nature and did not typically
involve long-term associations between workers and employers. In layman's
terms, the rather antiquated doctrine essentially does not recognize
employment with an organization as a contractual relationship and in the
modern workplace appears to serve as a powerful legal tool for employers in
their dealings with employees.
Time has a way of softening the memories of such a negative experience.
Today, I am cognizant of employers' proficiencies at working around the
regulations intended to protect the interests of employees, and when I read
about the corporate world's commitment to equal employment opportunities, I
simply smile at the hypocrisy.
Also see:
Why women don't help other women
Dodging unintentional discrimination in the workplace
Misconceptions about women in the global arena keep their numbers low
ABOUT THE AUTHOR: Dr. Sarah Banda Purvis' credentials include two decades of
managerial experience with two different Fortune 500 companies headquartered
in the United States. When Dr. Purvis reflects upon her 20-year work
experience in Corporate America, she describes it as an enlightening journey.
Her corporate sojourn permitted her to examine workplace settings on a
firsthand basis as well as to observe, listen to and note the experiences of
other working women. Dr. Purvis can be
contacted through e-mail at mail2sbp@aol.com. She is a frequent guest on
online forums. Her Web site, Insider Views on Workplace Issues, is at
http://www.insiderviews.com