Does allowing 1 employee vacation time but not others consitute discrimination?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does allowing 1 employee vacation time but not others consitute discrimination?

My company does not provide vacation time, stated in handbook but I know that they paid for one employee to take a week off. Can they discriminate that way?

Asked on August 21, 2018 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

The fact is that not all employees need be treated the same, or even fairly. That is so long as no form of legally actionable discrimination is the reason. In other words, a worker cannot receive lesser treatment due to their race, religion, gender, disability, age (over 40), disability, etc. Otherwise, absent an employment contract or union agreement to the contrary, a company can set the conditions of the workplace much as it sees fit.

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

Answered 3 years ago | Contributor

The fact is that not all employees need be treated the same, or even fairly. That is so long as no form of legally actionable discrimination is the reason. In other words, a worker cannot receive lesser treatment due to their race, religion, gender, disability, age (over 40), disability, etc. Otherwise, absent an employment contract or union agreement to the contrary, a company can set the conditions of the workplace much as it sees fit.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption