unfair treatment in the workplace

[ninalou]

The state is PA;
Is there any where I can find a legal definition of job discrimination?

Situation
Team of 4 employees. Employee A just does ONLY what is expected - no more. Employees B, C and D go out of their way to exceed the expected results. They participant in multiple company initiatives etc. . . do more than their expected workload. Manager bends over backward to push Employee A to exceed even though Employee A does not want to exceed. Manager now put Employee A into an initiative (already in progress - which is agaist procedure) so he will get full credit for work he did NOT do. (This involves Employes B and C) This favoritism is causing stress among Employees B, C and D bc if they do not put themselfs out there, they get marks against them.

 

[cbg]

Unless the various employees are being treated differently because of race, age, gender, religion, national origin, disability or pregnancy, this is not illegal discrimination.

 

[ninalou]

The employee receiving special treatment is a cauc male. I am a cauc female. The other employee who notices the special treatment is an African American female. The third employee is also a white male, but he also receives special treatment - just not as much as the other male.

 

[cbg]

Are you prepared to show that the reason you are not being given the same treatment as Employee A is because you are female? Is the other woman prepared to show it's because she's either a female, or black, or both? It is not illegal to favor one employee over another, only that you can't do it on account of race/gender.

 

[ninalou]

I don't want to sue anyone. The corporation takes a strong stance against discrimination. They are constantly advocating diversity and boasting equal treatment for all ees.

I just want to know the definition to have a frank conversation with the manager on unfair treatment in the workplace. I'm hoping I don't need to elevate anything to HR. It was my understanding that discrimination is "showing a bias."

My issue is: I've been working on a project since last August. Rollout is scheduled for May 2002. Manager decided 2 weeks ago to add in this one employee (even though this is NOT her initiative or place to add him in) just to say "he completed something" when he did not. I told her originally NO bc it was against company policy AND there was no need for an additional person this late in the game. She said she only wanted him to observe. I agreed - being flexible. However, after the second meeting, she informed me that "at the flip of a paper clip she thinks employee A should lead the project." This man doesn't care to exceed. Also, the company has stated all bonus's are "pay for performance" - you don't perform above your expected results, you don't get a bonus.

So, 1) it is against company policy to add this man to the initiative
and 2) if he signs his name to this initiative, he will get credit for not doing any work which is also against company policy.

I know the manager wants to help this bum. But according to our expected results & co policy, you have to help yourself. I've been working my butt off; after hours, bringing work home. I am NOT about to let my hard work get credited to someone else who doesn't deserve it.

I want to be able to speak to her about this knowing all my facts. And I want him removed from this project.

If you are telling me a manager can allow one person to not work as hard as another - yet get the same bonus/recognition treatment, pls explain, bc that seems like discrimination to me.

 

[cbg]

I'm not saying it isn't discrimination. I'm saying it isn't illegal discrimination. There's a difference. Discrimination is not illegal unless it is based on a protected characteristic.

 

[cbg]

One thing I should have added. It doesn't have to be illegal for you to talk with them about it. You want him off because it's a violation of company policy, it's okay with me. You want him off because he's not pulling his weight, more power to you and I mean that. There's no reason you can't use the unfairness of the situation to try to resolve it. You just can't use the illegal discrimination aspect, because unless there's a lot you haven' t mentioned it's not illegal. But that doesn't have to stop you from going at it from another direction.

 

[ninalou]

thank you

Thank you so much for your input.

I agree I don't think anything is illegal. And I don't really want to stir up trouble which is why this is so hard for me. But I can't allow someone else to get credit & recognition (which could be used towards a promotion) for all my work.

This man does not pull his weight - nor does he have any intention of doing so.

I'm meeting with her this afternoon. I'll keep you posted. Thank you again!