Legal Question in Employment Law in California

Discriminatory Benefits Package

My employer provides sick leave and vacation time for some employees but not for others. (Mgmt gets sick time, others do not) Office employees are eligible for paid vacation shop employees are not. Paid holidays are available to mgmt and office employees after 30 days but shop employees must wait 1 year. Is this discrimination?


Asked on 4/02/03, 3:00 pm

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Discriminatory Benefits Package

Yes, it is discrimination. However, discrimination doesn't equal illegal or even actionable. From what you've described, I would say your employer has done nothing wrong.

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Answered on 4/02/03, 4:57 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Discriminatory Benefits Package

Hiring only tall people to play on your basketball team is discrimination. Giving your daughter a raise, just because she's your daughter is discrimination. Giving one secretary her own reserved parking space but not doing so for another secretary is discrimination. These things are not actionable.

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Answered on 4/02/03, 5:06 pm


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