write up for one employee but not for another

my employer wrote me up for a policy that was broken but did not write up another employee who did the exact same thing wrong and could be proved by looking at the same time records that he looked at of mine, is this legal

Asked on June 11, 2009 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Employers may not discriminate based on a protected category, such as age, race, ethnicity, or gender, so if there is evidence that you were written up but no the other employee for a discriminatory reason, that would be improper.

If there is a contract, such as collective bargaining contract, or other rules, such as civil service rules, that set forth how employees may be disciplined, etc., those would have to be followed.

In the absence of the above, there  is, unfortunately, no requirement that employers treat employees the same.


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