Termination

Are IT techs discriminated in california? Meaning - it seem an IT staff is exempt from employer policies when it comes to corrective action. Termination is what takes place unless you are buddies with the manager. I have yet to see IT staff get "relocated to another area/suspension without pay/or probation again.

1 answer  |  asked Jul 1, 2009 02:24 AM [EST]  |  applies to California

Answers (1)

Karl Gerber
Every employee is protected by certain anti-discrimination laws. However, anti-discrimination laws apply to protected characteristics such as age, sex, race, disability, pregnancy, national origin, sexual orientation, ancestry, religion, and then some unusual ones like women wearing pants and Vietnam Veteran's Status.

Being a member of a certain job classification is not protected status. An employer can have formal corrective action plans for certain job classifications and not others. For instance, executive management is not likely to be rated with 1-5 ratings based upon attendance while an hourly employee may.

However, if there is a disproportionate impact on a protected class due to a disciplinary standard or a test as in the recent case with white fire fighters, the application of a personnel policy cannot have a disparate impact on that group.

For example, if all of the women in the company were secretaries and they could only get raises if they never came in late, and all of the men who were accounting clerks never received reviews and could come in late there could be an accusation of discrimination based upon job titles because punctuality was key for women but not mean. This is disparate impact.

posted by Karl Gerber  |  Jul 27, 2009 9:58 PM [EST]

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