Is it considered discrimination if your employer has given the males their 90 day review as well as health insurance option but has not to any of the females?

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Is it considered discrimination if your employer has given the males their 90 day review as well as health insurance option but has not to any of the females?

I have been working for a company for almost 6.5 months. When hired they told us
about the 90 day review and at that time we would be offered health insurance.
But since then, he has reviewed our male co worker who started 1 week before me,
but not any of the females. There are only 2 but neither of us has received our
reviews, when asked they say they are too busy. As for the insurance, after
persisting for almost a month. they gave me the paper work but the adjuster said
i was only open to apply after 90 days, now I have to wait til Jan. 2017.

Asked on August 11, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, this may very well be illegal sex-based employment discrimination. Employers may not treat men and women differently, or pay (including making benefits available to them, since benefits are part of compensation) them differently. Based on what you write, this is exactly what your employer is doing, however; therefore, you may wish to contact the federal EEOC or your state equal/civil rights agency about bringing a complaint.


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