If a company has a dress code that applies to all employees can some employees be disciplined for violation while others are not?

For example, the dress code states

Asked on May 26, 2016 under Employment Labor Law, Maine

Answers:

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

Answered 4 years ago | Contributor

The fact is that not all employees need be treated the same or even fairly. Workplace discrimination has to do with unfair treatment due to a worker's race, religion, nationality, age (over 40), disability, gender, etc. Since none of these factors appear to play a role in your situation, your treatment was legal. So although you may have been treated differently, even unfairly, it does not constitute legally actionable discrimination. The fact is that unless this disciplinary warning violated the terms of an employment contract or union agreement, you have no claim. "At will" employment, allows a company to set the conditions of work much as it seees fit. For their part, an employee can either comply, complain and risk termination, or quit.


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