Whatconstitutes discrimination in the workplace?

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Whatconstitutes discrimination in the workplace?

I was told by my 2 bosses if they let me make up the time it would open the door to other people wanting to make up their time when they miss. However,  a couple weeks later they allowed a employee with the same title and duties as mine to make up a day of work that was missed for the same reason as mine.

Asked on March 11, 2011 under Employment Labor Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

A common misconception is that employers can't discriminate; that is, that they must treat all employees the same. That, unfortunately, is not true--employers *may* treat employees differently with only the following exception: they can't discriminate on the basis of protected categories. That is, if you were treated different because of, for example, your race, sex, religion, age over 40, or disability, that would be illegal. But if you were treated differently because the supervisors like the other employee more, or they had a bad day when you approached them, or because they're simply inconsistent, fly-by-the-seat-of-their-pants, make-it-up-as-they-go-along types, that's perfectly legal. They don't have to treat you and the other employee the same as a general matter.


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