What constitutes unlawful discrimination in he workplace?

UPDATED: Sep 30, 2022

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What constitutes unlawful discrimination in he workplace?

I am an assistant manager. About 5 years ago, an incident happened wherein my manager got into an argument with one of our regular guests which let to her demotion. I told her boss about it as I thought it was my duty as assistant manager to do so. However, people in corporate I believe are accusing me of being too ambitious, that I was after her job, and so on. Last year, I was promised the store manager position and now the new manager is someone that they brought in from 60 miles away and is doing her very best to make me quit. Is this discrimination?

Asked on November 10, 2016 under Employment Labor Law, California


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

Answered 6 years ago | Contributor

Worklplace discrimination has to do with unfavorable treatment suffered by an employee due to their inclusion in a legally protected class. This means that a worker may not be discriminated against due to their race, religion, age (over 40), disability or the like. Further, if an employee makes a claim of such discrimnation, and is retaliated against for doing so, that too is illegal. However, your treatment does not appear to be covered under the law; it has nothing to do with your being a member of a protected class. Accordingly, unless your employer's action violates the terms of a union agreement or employment contract, it is unfortunately legal. Rude and/or unprofessional treatment is not against the law.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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