What can I do if I was dismissed from my post for fraternizing when others who have also done it have not been disciplined at all?

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What can I do if I was dismissed from my post for fraternizing when others who have also done it have not been disciplined at all?

Asked on June 16, 2016 under Employment Labor Law, Kansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Contrary to what, there is most people think, there is no law mandating that all employees must be treated the same, or even fairly. The fact is that discrimination in the workplace is not illegal unless the differing treatment is the result of actionable discrimination. This means that if an employe is given less favorable treatment due to their status in a legally "protected class", that is against the law. In other words, there can be no discrimination based on a person's: race, religion, national origin, disability, age (over 40), sexual orientation, gender, etc. Also, if their treatment is prohibited under the terms of an employment contract, union agreement or company policy, then would be illegal. Bottom line, most work relationships are "at will", accordingly a company has a great deal of discretion in setting the conditions of employment.


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