• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Bonuses and Discrimination?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



I am the HR Mgr of a small gov't contractor located in NY. Bonuses were paid to some exempt employees and not others. There was also a list compiked for possible future bonus recipients. When I asked for the selection criteria for both lists, I was told that they were discretionary.
Is it true that discretionary bonuses can be dispersed without concern for inadvertent discrimination? Any guidance would be greately appreciated.



Employers certainly can provide discretionary bonuses to its employees. Further, the basis for the determination is certainly up to the employer. Obviously the employer can't make decisions that would be intentionally discriminatory to employees as a result of their age, sex, sexual orientation in some states, religion, national origin, etc.

Mark B. Replogle

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential