What violation is it?
My supervisor told me that if I did not wear the newly required uniform the following day when the new company policy took affect that I would be sent home. She never informed all the workers as she did me. I abided by wearing the uniform and now 5 months later I know of employees that were never told of this new policy and have never worn the uniform that she told me that I must wear. The supervisor is African-American and I am caucasion. I also have a disability. Is this harassment, discrimination, incompetence or just a company policy for me alone?
1 answer | asked Feb 19, 2004 10:03 PM [EST] | applies to Ohio
Answers (1)
What violation is it? Uniform policy
There is no certainty as to what this is, whether it is simply the daily friction of the job or real discrimination. Generally the law requires that "adverse action" be taken against you and requiring the wearing of a uniform is probably not going to be considered a significant enough adverse action to merit bringing a charge, claim, or lawsuit about discrimination. An adverse action is more likely to be a demotion, pay cut, disciplinary action, termination, etc.
An employer may not treat employees differently for illegal reasons (race, serious disability that interferes with major life activity or is perceived as doing so, sex, etc.) However, legitimate employer reasons for different treatment is legal. And, the different treatment must be significant enough to be an adverse action.
My advice is to do your best to comply with your supervisor's directions and to not worry too much about differences among the workforce. An employer can require you to do anything not prohibited by law. There is no law prohibiting the wearing of company uniforms.
If you want more information, you may want to consult with an attorney, such as one at www.ohioemploymentlawyersassociation.com, one referred to you by your local bar association, or an employee of the federal EEOC or the state human relations or civil rights commission.
posted by Ann Lugbill | Feb 20, 2004 09:11 AM [EST]
There is no certainty as to what this is, whether it is simply the daily friction of the job or real discrimination. Generally the law requires that "adverse action" be taken against you and requiring the wearing of a uniform is probably not going to be considered a significant enough adverse action to merit bringing a charge, claim, or lawsuit about discrimination. An adverse action is more likely to be a demotion, pay cut, disciplinary action, termination, etc.
An employer may not treat employees differently for illegal reasons (race, serious disability that interferes with major life activity or is perceived as doing so, sex, etc.) However, legitimate employer reasons for different treatment is legal. And, the different treatment must be significant enough to be an adverse action.
My advice is to do your best to comply with your supervisor's directions and to not worry too much about differences among the workforce. An employer can require you to do anything not prohibited by law. There is no law prohibiting the wearing of company uniforms.
If you want more information, you may want to consult with an attorney, such as one at www.ohioemploymentlawyersassociation.com, one referred to you by your local bar association, or an employee of the federal EEOC or the state human relations or civil rights commission.
posted by Ann Lugbill | Feb 20, 2004 09:11 AM [EST]
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