Long Beach, CA asked in Employment Law for California

Q: Can management threaten write-ups regarding uniform while letting their 'favorite' employees slide daily?

2 of us wear our uniform properly and 3 don't. The 2 of us if one thing is out of place we hear it for days. Yet the other 3 dont button their vest, will wear a hat while working, sleeves rolled up. We were told the 2 of us had to be rolled down sleeves our because of our tattoos, but for the first 8 months that wasnt the case until a new 'favorite' employee made a comment.

And now they've added a tie to our uniform, which is fine, but again the 2 of us are the only 2 Told we Had to wear one.

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Employers are not required to treat all of their employees equally unless the reason for the difference in treatment is your membership in a protected class of people. Favoritism unrelated to protected classes is not unlawful.

Good luck to you.

Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

A: If the two employees are being treated differently based on their membership in a protected class such as race, religion, gender, gender expression, sexual orientation, military service, disability, pregnancy or opposing illegal conduct, then the difference in treatment could be illegal.

You should consult with an employment lawyer. Most provide free consultations.

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