Can I sue for discrimination if another worker was given preferential treatment?

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Can I sue for discrimination if another worker was given preferential treatment?

A third shift supervisor got fired. he next day a newly appointed supervisor was on board. I applied for the position via email, because there was never any posting for it. The manager appointed his buddy as the third shift supervisor. This person had just started a week before, also our new manager is fairly new. All the other shift supervisors recommended me to become the third shift supervisor. which the manager replied,

Asked on June 28, 2016 under Employment Labor Law, Arizona

Answers:

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

Answered 7 years ago | Contributor

No you cannot, unless company policy prohibits nepotism or the terms of an employment contract/union agreement are being violated. Additionally, this treatment must not constitute some form of legally actionable discrimination. In other words, you must not be given lesser treatment at your workplace based on your membership in a "protected class" (i.e. based on your race, religion, age (over 40), disability, etc.). The fact is, not all employees need be treated the same; a company can set the terms and conditions of employment much as it sees fit. Accordingy, in such a situation as this, an employee can either accept the situation, complain and risk termination, or resign.


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