Legal Question in Disability Law in Ohio

Dicrimination...Treated unfairly at work place

My job recently instituted a new rule saying that if an employees a half hour or more late to work or leaves work more than a half hour early, he revokes his shift premium.Seeing how only one shift gets a shift premium and the other doesnt is it discriminatory to make a rule where as the consequence of the rule only affects one shift?


Asked on 2/15/07, 7:03 am

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: Dicrimination...Treated unfairly at work place

In the sense that discrimination is anything that treats one group differently than another, then you are right. However, not all forms of discrimination are illegal. Under federal law (state law may be different) the only forms of 'illegal' discrimination are those that are based on membership in a protected category. Examples of the sorts of impermissible distinctions are those based on race, gender or age. There are some other protected categories, but these are some examples. What you seem to complain of probably does not fit within any of these categories.

In the law, there is also a theory called disparate impact. This theory states that a facially neutral policy may still be illegal if it has a disproportionate impact upon some protected category. To understand if this type of claim exists, you really need the assistance of a lawyer with whom you are consulting to discuss your situation in detail.

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Answered on 2/15/07, 11:54 am


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