Is it legal for company to fire an employee for sexual harassment but not fire other employees for the same offense?
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Is it legal for company to fire an employee for sexual harassment but not fire other employees for the same offense?
I was fired. Another employee was given 30 days off and signed a last chance agreement that last a year also moved to another building. Another employee was only sent to diversity
classes each time he committed this same offense which was on four different occasions and never missed a day’s pay. Another employee was only suspended 30 days. Another employee only received a warning notice.
Asked on October 7, 2016 under Employment Labor Law, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Not all employees need be treated the same or even fairly. Therefore, your discharge was legal unless it violated the terms of an exisiting employment contract or union/collective bargaining agreement. Also, your treatment must not have constituted any form of legally actionable discrimination. In other words, was your being the only one fired the due to your race, religion, age (over 40), disability, etc.? If not, then again, no law has been broken. Your ex-employer's action was perfectly permissable.
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