What constitutes workplace discrimination?

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What constitutes workplace discrimination?

My assistant manager and i both made a joke of the same nature. I am a mixed race female and got put on probation and lost my raise. He is white and got the promototion he wanted and a raise with it. We work at a bank and I wasn’t even able to ask him to approve my loans anymore, making my job more difficult. Is this discrimination?

Asked on August 27, 2018 under Employment Labor Law, Utah

Answers:

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

Answered 3 years ago | Contributor

The fact is that not all workers need be treated the same or even fairly. That is unless some form of legally actionable discrimination is a factor in their treatment. Basically ths means that if the reason for differing treatment is based on gender, religion, disability, age (over 40), nationality, gender or race, then it is illegal. That having been said, you would have to prove that your employer's action was based solely on your race and/or gender and not due to some other factor such as poor work performance or the like. At this point, you can consult directly with an employment law attorney who can review the facts of your situation or you can file a claim with the EEOC (i.e. the Equal Employment Opportunity Commission).

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

Answered 3 years ago | Contributor

The fact is that not all workers need be treated the same or even fairly. That is unless some form of legally actionable discrimination is a factor in their treatment. Basically ths means that if the reason for differing treatment is based on gender, religion, disability, age (over 40), nationality, gender or race, then it is illegal. That having been said, you would have to prove that your employer's action was based solely on your race and/or gender and not due to some other factor such as poor work performance or the like. At this point, you can consult directly with an employment law attorney who can review the facts of your situation or you can file a claim with the EEOC (i.e. the Equal Employment Opportunity Commission).


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