CanI be suspendedif a co-worker was allowed to keep working for the same offense?

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CanI be suspendedif a co-worker was allowed to keep working for the same offense?

My driver’s license was revoked and I was suspended. However, another employee with the same job description wasn’t suspended when it happened to him. We are both under a union contract.

Asked on February 26, 2012 under Employment Labor Law, Iowa

Answers:

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

Answered 9 years ago | Contributor

I'm afraid that based on the facts presented you have no claim here. As a general rule, employees do not have to be treated equally (or even fairly). The fact is that it is perfectly legal to give one employee more favorable treatment than another as long as the terms of any company policy, employment contract or union agreement are not being violated. Further, such treatment must not be the result of actionable discrimination. Consequently, if you were given less favorable treatment due to your status in a legally protected class, that would be against the law (such does not appear to be the case here).

Note:  A protected class is one based on a person's inclusion in a group due to factors of race, religion, gender, age, disability, sexual orientation, national origin, etc.


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