Must all employees be treated the same?

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Must all employees be treated the same?

If I was fired for violating company policy (not filling out log sheet) yet another employee failed a drug test, and remains employed. This other employee who remains employed, constantly misses work or is late all the time. Is there grounds for me to sue?

Asked on May 31, 2011 under Employment Labor Law, Texas

Answers:

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

Answered 10 years ago | Contributor

As a general rule, employees do not have to be treated equally. It is perfectly legal to give one employee more favorable treatment than another as long as such treatment does not violate company policy or a union/employment contract. Also, if differing treatment is the result of discrimination. So for example, if you have been given less favorable treatment due to your status in a legally protected class, that would be against the law.

Note:  There can be no discrimination in employment based on such factors as: race, religion, gender, age, disability, sexual orientation, national origin.


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