Q: Is it workplace discrimination to deny differential pay to only one department of the hospital?
I work in hospital security as an employee. Our department is in-house. We are not contracted. We are considered hospital employees. We have been trying to get our administrators to approve differential pay for about four years now. It has been denied every time. Or at the least, the consideration is left in limbo. Every other department in our hospital receives shift differential pay. Including housekeeping staff and kitchen workers. We believe this is extraordinarily unfair. But we are unsure if this qualifies as workplace discrimination.
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A:
This situation could potentially be unfair, but it may not meet the legal definition of workplace discrimination unless the denial of differential pay is based on a protected characteristic, such as race, gender, age, or religion. If the administrators are withholding this pay from your department specifically because of who you are as individuals (like your gender or ethnicity), that would be unlawful discrimination. However, if the denial is purely based on job roles or department policies, it may not legally qualify as such.
That said, it is worth noting that unequal treatment between departments can still create issues of fairness and employee morale, even if it isn't technically discrimination. If all other departments, including non-clinical ones, receive shift differential pay while yours does not, it raises serious questions about how decisions are made. It’s reasonable to feel frustrated by this imbalance, especially if your role demands irregular or challenging shifts.
You could consider filing a grievance with HR or your union (if you have one) to formally address the disparity. Another option is to document these concerns and bring them to a higher level of management. If you suspect that the refusal is tied to bias or retaliation, consulting with an employment attorney may help clarify your rights and next steps.
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