Must all employees be treated the same?

UPDATED: May 31, 2011

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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


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

Answered 11 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.

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 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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