Is it discrimination if other people on a 3rd Shift get a shift differential and I don't. I am not black Hispanic or anything else I am a white male mid forties.

Is there anything I can do if I am on 3rd Shift and everyone gets a shift premium except me. I am a white male mid-forties. They say I make too much money per hour.

1 answer  |  asked May 15, 2017 12:23 AM [EST]  |  applies to Florida

Answers (1)

Annette Newman
You may have an potential Equal Pay discrimination claim if other employees who are paid the shift differential are outside of your gender (i. e., female employees) and they earn more money than you do. You also may have a potential age, and race discrimination claim based on disparate treatment. All races are protected from discrimination, not just minorities. If you are treated differently by your employer, than similarly situated employees outside of your protected class(es) in regard to the terms and conditions of employment, and your employer has no bonifide business reason for the differential treatment, they may be in violation of Title VII, the Florida Civil Rights Law, and/or local county ordinances. Visit the EEOC website at EEOC.gov for more information or speak to a local employment law attorney for specific advice after reviewing all of the facts. Different laws apply depending on a number of factors, including private versus public employees, members of a union, independent contractors versus employees and how many employees work there.

posted by Annette Newman  |  May 15, 2017 02:58 AM [EST]

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