What kind of legal action can I take regarding favoritism in the workplace?

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What kind of legal action can I take regarding favoritism in the workplace?

Certain employees don’t have to do certain tasks while the rest of us do. Certain employees don’t get supervision and are allowed to not do their work while the rest of us are made to do their job. These employees can only work in particular areas because they can’t get along with more than half of the staff. What can be done about this?

Asked on August 7, 2015 under Employment Labor Law, New York

Answers:

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

Answered 6 years ago | Contributor

Believe it or not, most employment discrimination (in this case preferential treatment to only a select few) is typically legal. The only discrimination that violates the law is when an employee is treated differently than others due to their inclusion in a "protected class". This means that if an employee is given different treatment in the workplace than that given their co-workers due to their age, race, religion, gender, disabilty or sexual orientation, that is illegal. Also, the difference in treatment must not be due to some form of retaliation and must not violate the terms of an employment contract, union agreement or company policy. The fact is that an employer can set the terms and conditions of the workplace much as it sees fit.

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

Answered 6 years ago | Contributor

Believe it or not, most employment discrimination (in this case preferential treatment to only a select few) is typically legal. The only discrimination that violates the law is when an employee is treated differently than others due to their inclusion in a "protected class". This means that if an employee is given different treatment in the workplace than that given their co-workers due to their age, race, religion, gender, disabilty or sexual orientation, that is illegal. Also, the difference in treatment must not be due to some form of retaliation and must not violate the terms of an employment contract, union agreement or company policy. The fact is that an employer can set the terms and conditions of the workplace much as it sees fit.


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