Are you being disciplined differently than other workers? You may have a discrimination claim. Watch this video by experienced Phoenix employment lawyer Quacy Smith to learn about your rights regarding uneven discipline in the workplace. Read Our FREE Employment Law Guide
When an employee of a different race than other employees is treated differently and feels that their employer is not following the manual with discipline, this will often result in a cause of action under Title VII. It could be one of the other laws that are covered by the EEOC. Broadly speaking, when there is an employment manual, it must be followed. There should not be any difference or abatement of that policy, or difference in treatment concerning that policy as it relates to people who are outside of that protected group.
In other words, for example, I can’t take all of the Latinos and skip the steps to firing them. If they’re Latinos, they cannot go straight from a written warning to direct termination. Whereas, all the other employees, get a verbal warning, a written warning, a final written warning, a second final written warning, and then termination. Where there is inequity in the policy, there’s been disparate treatment there. If there is a policy in place, a progressive disciplinary policy that has been put in place by the employer, an experienced attorney would look at that policy, analyze that policy, and make sure that the application of that policy has been for lack of better words, even-handed, implemented on persons within your protected category, your protected race, and outside, and making sure that there was no difference in the application of this particular policy.
Causes of action often arise out of that implementing those policies in different ways. You will need to talk to a lawyer, so they can analyze the policy, get the necessary information. From the Freedom of Information Act, request the files from the employer. Look at all of the employees and determine that maybe you were treated differently. Again, that is the bedrock. It is that subjective treatment that is the bedrock of discriminatory action. Talk to a lawyer and express those concerns through a lawyer to the EEOC to make sure that those claims are addressed under the applicable law.
Do you want to learn more about uneven discipline in the workplace? Contact our dedicated Phoenix employment lawyers for a free confidential consultation and let our experience work for you.
Review Attorney Quacy Smith on Avvo
