What an I do if I work in an environment where the disciplinary process is different depending on who you are?
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What an I do if I work in an environment where the disciplinary process is different depending on who you are?
I’m a female employee and have recently been accused of doing something thing that did not harm the company but that, in hindsight, I would do differently. There is a male manager who has made worse decisions along the same lines as mine except that he covered up for a team member who should have been fired but instead was sent on an all expense paid trip and, to top it off, was best man at his wedding. This was reported. Yet, he was not suspended, spoken to in a public forum or even penalized. I believe because I am a strong female, who is one of the top performing females, that I am being treated differently. I am concerned about the difference in treatment.
Asked on August 28, 2015 under Employment Labor Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In general, employers can set the terms and conditions of the workplace much as they sees fit. Additionally, not all employees need be treated the same or even fairly.
Exceptions to the above would be if there exists a union agreement or employment contract to the contrary. Also, company policy itself may not allow for this. And finally, if differing treatment is based on some form of retailaition or actionable discrimination, then it would be illegal. Specifically, if an employee is in a "protected class" by virtue of their race, religion, sexual orientation, age, disability or gender, then an actionable discrimination claim can be made.
At this point, you can contact your state's department of labor and inquire about filing a formal complaint against your employer. You can also consult with a local employment law attorney after hearing the details of your case they can best direct you on your rights/remedies.
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