Is it legal if a female employee received 5 day suspension for making a threatening comment (which she didn’t make) and amale employee did the same but got nothing?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Is it legal if a female employee received 5 day suspension for making a threatening comment (which she didn’t make) and amale employee did the same but got nothing?

Can this constitute as gender discrimination?

Asked on January 11, 2012 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This could be illegal sex-based discrimination. The law does not let an employer treat one employee worse than another solely due to her sex. If there are non-sex-based reasons for the differential treatment--for example, there have been more legitimate complaints in the past against her than against him--that would be one story; but if the only reason for the differential treatment is sex or gender, that would e illegal and she may have a cause of action.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption