Do I have a discrimination case if I was treated differently than the way in which other employees in the same situation were treated?

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Do I have a discrimination case if I was treated differently than the way in which other employees in the same situation were treated?

I failed a urinalysis and was fired but another employee from the same company had to take one at the same time. However, I was observed and he wasn’t. 2 other employees who have the same position that I did also failed a test at an earlier date but retained their position by taking an out patient drug and alcohol program. I asked for the same opportunity but was told no.

Asked on December 5, 2011 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Employers actually may "discriminate" among staff, in that they may treat some employees differently, worse, or better than others, as long as the discrimination is not against an employee due to his/her race, religion, sex, age over 40, or disability. (That's under federal law. Some states add additional protected categories, such as no discrimination on the basis of gender ID, sexual orientation, national origin, or family status.) As long the different treatment is not based on illegal discrimination, it is, unfortunately, legal.


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