Defense for discrimination without a handbook or policy?

[SBOwner876]

State: New York

Two employees with the same job title but one has been with the company longer by like 8 months or so.

The employee who had been there longer received more unpaid personal time off than the other employee. The employee is now claiming discrimination, can we say that the other employee received more unpaid time off because he/she had been there longer even though we don't have a written policy stating how much unpaid personal time each employee gets based on their time of employment?

Basically, would it be enough for me to say "he/she gets more because they've been employed longer?

 

[Just Blue]

State: New York

Two employees with the same job title but one has been with the company longer by like 8 months or so.

The employee who had been there longer received more unpaid personal time off than the other employee. The employee is now claiming discrimination, can we say that the other employee received more unpaid time off because he/she had been there longer even though we don't have a written policy stating how much unpaid personal time each employee gets based on their time of employment?

Basically, would it be enough for me to say "he/she gets more because they've been employed longer?

What do you mean "now claiming discrimination"? What kind of discrimination? Has the employee filed some kind of suit? How many employees in your company?

 

[eerelations]

You may not have to say anything!

Discrimination is only illegal if the employer's actions (in this case, giving one employee more unpaid time off than another employee) are based solely and specifically on things like the other employee's race, gender, disability and/or age (if the other employee is over 40). If your granting of extra unpaid time off is not based on any of these things, you are not committing illegal discrimination, and therefore don't have to say anything at all.

 

[cbg]

On what basis is the employee claiming discrimination? Is s/he claiming discrimination on the basis of their race, religion, national origin, sex, disability, pregnancy or genetic information? Because if it's not based on one of those characteristics, or a characteristic similarly protected by New York or local law, then it's not illegal discrimination.

But if you feel compelled to defend your position, which you are not required to do in the first place, the fact that the one employee has been with the company longer is a perfectly legal reason for the difference.

 

[bcr229]

But if you feel compelled to defend your position, which you are not required to do in the first place, the fact that the one employee has been with the company longer is a perfectly legal reason for the difference.

Or the first employee who was hired simply negotiated a better compensation package. Twice when I've changed jobs I've received an additional week of paid time off/vacation from what a new hire would typically get, just by asking for it.

 

[cbg]

Also true.

 

[zddoodah]

The employee is now claiming discrimination

On what basis? Claiming to whom?

can we say...

I'm not sure who "we" are, but I assume you have the ability to say whatever you want. You should say whatever is true and not say whatever is not true.

Basically, would it be enough for me to say "he/she gets more because they've been employed longer?

Enough for what?

 

[xylene]

Define "claiming "

Are you being sued or somehow subject an investigation?

 

[HRforme]

State: New York

Two employees with the same job title but one has been with the company longer by like 8 months or so.

The employee who had been there longer received more unpaid personal time off than the other employee. The employee is now claiming discrimination, can we say that the other employee received more unpaid time off because he/she had been there longer even though we don't have a written policy stating how much unpaid personal time each employee gets based on their time of employment?

Basically, would it be enough for me to say "he/she gets more because they've been employed longer?

Generally, yes.... but it might be best to have an unpaid personal time policy that interacts with any required state or federal paid or unpaid leave. (depending on your employer's size). In the end seniority/ length of service can be used to make decisions, but you need to stay consistent.

 

[quincy]

Temporary bump. Old thread.

 

[stealth2]

Temporary bump. Old thread.

Sorry, q, but since it's up here already....

It's also possible that the "other" employee has a personal situation that the employer is sympathetic towards (thinking sick child or parent....)

 

[quincy]

Sorry, q, but since it's up here already....

It's also possible that the "other" employee has a personal situation that the employer is sympathetic towards (thinking sick child or parent....)

Not a problem for me.

I was just here to remove a second (identical) posting by workguy25.

 

[quincy]

It's not discrimination, it's true, those who work longer take more. My company has the same policy.

The original poster (SBOwner876) started this thread on May 8 and has not returned to the forum since that time. Any additional comments are unlikely to be of benefit to the poster after this amount of time.