What constitutes discrimination in the workplace?

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What constitutes discrimination in the workplace?

I am a student working at a bookstore. I have a certain availability which the managers claim is not good enough and so I was asked to resign due to this. My availability allows me to work 2 days a week, with 8 hour shifts, yet I am not given any hours. I have noticed on a weekly posted schedule, that some people work only 4 hours, once a week. I approached the managers about this and they said this person had a special “thing” and could work only that shift. It was easy to see that I was fed nonsense. Is there some discrimination here? If not, what kind of issue is this?

Asked on June 24, 2011 under Employment Labor Law, California

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 or even fairly. The fact is that it is perfectly permissable to give one employee more favorable treatment than another as long as such treatment does not violate company policy or an employment/union/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. There can be no discrimination in employment based on such factors as: race, religion, gender, age, disability, sexual orientation, national origin (based on the facts presented you do not indicate this to be your situation).


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