Is there a difference between favoritism and discrimination when it comes to different employees?

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Is there a difference between favoritism and discrimination when it comes to different employees?

Is favoritism legal or is it workplace discrimination when an employer tells one employee they have to work firm hours ie 8:30-5:00 no matter what but lets other employees work whatever hours they want. I can’t even make up hours for a doctor’s appointment to make up my 40 hours because they go outside the allowable work hours but other employees are allowed to work and have overtime.

Asked on February 16, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Most "discrimination" is perfectly legal--employers can, and inevitably do, prefer or favor one employee over another. The only time it is illegal is when it is based on a protected characteristic--that is, for example, when the differential treatment is based on an employee's race, sex, religion, disability, or age over 40. (That's under federal law; some states add a few other protected categories, like sexual orientation or national origin.) In the case you describe, if the difference in treatment is not based on a protected characteristic, it would be legal. It may be unfair, but the law does not enforce fairness.


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