Legal Question in Employment Law in Pennsylvania
Fringe benefits/?dissrimination
Setting-private oncology doctor's office. Total full-time 12 rn's performing same job description, same education levels. Recently fringe benefits were changed, i.e., previously worked a 36-37 hour week and paid for 40. Now, all nurses expect 3 are required to work 40 hours for 40 hours pay, while three nurses will continue working 36-37 and paid for forty. Reason: rewarding three nurses who worked there the longest (approximately 20 years, 18 years, 14 years). Other 9 nurses worked anywhere from 8.75 years to 9 months.
Is this a form of discrimination or against the law? I found in a book ''Every Employee's Guide To The Law'' by Lewin Joel III, copyright 200l, under ''Fringe Benefits'' chapter: ''Employers cannot discriminate in providing benefits, i.e., If an employer provides benefits to a certain class of employees, it must provide that benefit to everyone in that class regardless of sex, race, etc.'' Thank you for any information you can supply.
1 Answer from Attorneys
Re: Fringe benefits/?dissrimination
You cite: ''Every Employee's Guide To The Law'' by Lewin Joel III, copyright 200l, under ''Fringe Benefits'' chapter: ''Employers cannot discriminate in providing benefits, i.e., If an employer provides benefits to a certain class of employees, it must provide that benefit to everyone in that class regardless of sex, race, etc.''
However, you do not allege in your description that there is any discrimination on the basis of sex, race, etc. You are merely saying that there is a difference in treatment due to seniority.
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