Is it legal if a female employee received 5 day suspension for making a threatening comment (which she didn’t make) and amale employee did the same but got nothing?
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Is it legal if a female employee received 5 day suspension for making a threatening comment (which she didn’t make) and amale employee did the same but got nothing?
Can this constitute as gender discrimination?
Asked on January 11, 2012 under Employment Labor Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This could be illegal sex-based discrimination. The law does not let an employer treat one employee worse than another solely due to her sex. If there are non-sex-based reasons for the differential treatment--for example, there have been more legitimate complaints in the past against her than against him--that would be one story; but if the only reason for the differential treatment is sex or gender, that would e illegal and she may have a cause of action.
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