Legal Question in Employment Law in New York

Discrimination

My sister works as a part-time clerk at a bank for almost 2 years, though she is required to work full-time hours (i.e. 9am to 5pm Monday to Friday). She is being paid by an hourly rate WITHOUT any other benefits. She knows that other part-time clerks are being paid at a much higher rate (about 28% higher). She feels being discriminated against and unfairly treated. If her company can make her a full-time employee, so that she is entitled to other benefits, she would feel justified. What should she do? Does she have a ligitimate claim? Should she voice her concern to the HR dept? Will she be penalized against by her supervisor? Thanks


Asked on 2/20/03, 2:23 pm

1 Answer from Attorneys
Chris Edelson Chao & Edelson, L.L.C.

Re: Discrimination

It is possible your sister has a discrimination claim, but it depends in part on how she feels she is being discriminated against --e.g. based on her sex, race, etc. Are the other part time clerks who get paid at a higher rate all men? Are they all different from your sister in some other way (e.g. different race, ethnicity)? Is there any other evidence of discrimination--has anyone ever made racist comments, sexist comments to your sister at work?

In terms of whether to complain to HR, retaliation does happen and is definitely a risk. Retaliation is illegal in certain circumstances--if your sister is complaining about illegal discirmination (e.g. based on sex, race), then it would be illegal for the company to retaliate against her (though they still might do so--just because something is illegal or may be illegal does not mean it won't happen). If your sister is complaining about general unfairness that is not illegal i.e. not involving discrimination, then her complaint would NOT be protected (by protected I mean that retaliation would be illegal).

I am glad to discuss any of this further with your sister. It is difficult to cover all points in this email and please do not rely on what I have written here in taking action (or telling your sister what to do) without talking to me or some other attorney in greater depth.

Chris Edelson

(212) 867-4754

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Answered on 2/20/03, 2:32 pm


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