Is it legal for my company to offer programs to all employees except for one department?

An email was sent out to all employees offering an alternative work schedule for the upcoming Thanksgiving and Christmas holidays. This would allow employees to work on the weekend or 10 hour days to make up time so they would not have to use PTO. This was made possible for the entire building except for one department. The excluded department was given no alternative and was told it would not be offered to them.

Asked on November 20, 2018 under Employment Labor Law, Indiana

Answers:

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

Answered 2 years ago | Contributor

Yes, this is legal unless it violates the termds of an employment contract or union agreement. The fact is that not all employees need be treated the same or even fairly. That is unless their treatment constitutes some form of legally actionable discrimination. In other words, it is based on their race, religion, age (over 40), nationality gender, or disablity.

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

Answered 2 years ago | Contributor

Yes, this is legal unless it violates the termds of an employment contract or union agreement. The fact is that not all employees need be treated the same or even fairly. That is unless their treatment constitutes some form of legally actionable discrimination. In other words, it is based on their race, religion, age (over 40), nationality gender, or disablity.


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