Do I have a case against a supervisor who doesn’t distribute work hours fairly?

I’ts not racial discrimination cause guys he favors are black and Mexican. More senior employees however have mentioned that there are “2 guys” never get days off without pay while the rest of us get unpaid days off consistently. One seasoned employee had to resign and get a job elsewhere to support his family. He couldn’t do it with the hours cut.

Asked on August 13, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is no illegal discrimination, there would be no cause of action--when discrimination is not involved, employers are allowed to be unfair and to favor certain employees over others.

However, if you are white or asian, then there may be racial discrimination if the employer favors African Americans or Mexican/hispanic employees. Members of the racial majority, for example, can be the victims of illegal discrimination. If the favored employees are a different race than the disfavored employees, there may be illegal discrimination, and you should contact your state equal rights or civil rights agency.


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