Hitting the Glass Ceiling
What IS the Glass Ceiling?
Many clients do not recognize that they may have a viable legal case of discrimination related to glass ceiling issues. The term "glass ceiling" refers to the idea that certain individuals--usually women--can see the top but cannot reach it. In other words, an individual has the credentials and experience but is never promoted beyond a certain level. Typically, these cases involve gender discrimination as well.
Glass ceiling cases are complicated and extremely fact-specific. The law recognizes that a corporation or business can have discriminatory policies even if it hires a few members of a “protected class”, individuals who are members of a group that it is unlawful to discriminate against—either by city, state or federal law. The law also recognizes that subjective criterion for judging a person’s qualifications can mask discriminatory practices.
Factors Courts Consider When Assessing a Glass Ceiling Case
--Statistics
Courts recognize that discriminatory practices are often hidden. Therefore, statistics are used to show what employers do not say but what employees already know--that certain people get promoted while others do not. A statistical analysis of a company's hiring practices is often the deciding factor in a glass ceiling case.
--Job Responsibilities
Courts also consider an individual's specific job tasks compared with those of others. In a recent Supreme Court case (Burlington Northern and Santa Fe Railway Company v. White), the court pointed out that some job duties are more desirable than others. It has also acknowledged that certain job duties are more likely to lead to promotions than others. An employee can show discrimination where she is assigned tasks that are less likely to lead to a promotion--even if they fall under the description of her job duties.
Dealing With a Potential Glass Ceiling Issue
If you think you are hitting the glass ceiling, the most important thing to do is to complain to your employer and document those complaints. Many people do not want to complain because they fear retaliation. However, it's important to give your employer a chance to fix the problem.
