Does allowing 1 employee vacation time but not others consitute discrimination?
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Does allowing 1 employee vacation time but not others consitute discrimination?
My company does not provide vacation time, stated in handbook but I know that they paid for one employee to take a week off. Can they discriminate that way?
Asked on August 21, 2018 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The fact is that not all employees need be treated the same, or even fairly. That is so long as no form of legally actionable discrimination is the reason. In other words, a worker cannot receive lesser treatment due to their race, religion, gender, disability, age (over 40), disability, etc. Otherwise, absent an employment contract or union agreement to the contrary, a company can set the conditions of the workplace much as it sees fit.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The fact is that not all employees need be treated the same, or even fairly. That is so long as no form of legally actionable discrimination is the reason. In other words, a worker cannot receive lesser treatment due to their race, religion, gender, disability, age (over 40), disability, etc. Otherwise, absent an employment contract or union agreement to the contrary, a company can set the conditions of the workplace much as it sees fit.
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