Is it job discrimination to make employees with the same job follow different rules?
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Is it job discrimination to make employees with the same job follow different rules?
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I work in the food service industry. I was told at work I was too slow and another employee was given my job--just days after the same boss commended me for doing such a great job. The other employee appears to be faster because she doesn't have to follow the same rules I was given to work under. For example, I was told it was against the health department to let food sit on a line without heat for any period of time. However, this other employee lines up at least 10 trays at a time so she can serve faster. When this was pointed out my boss said, "I don't care." I also washed my hands and put on new gloves as instructed after taking out garbage and returning to the line to serve food. This other employee NEVER washes her hands or changes gloves and can get back on the lines much quicker as a result. I feel I am being treated unfairly. Is this allowed by law? What can I do? I have thought about reporting this situation to the health department because I know what she is doing is against their regulations, but I can't afford to lose my job if my boss finds out. I am just wondering if it is also against EEOC guidelines. Thanks for any advice or help!
Additional Details
The really bad part is I work in an elementary school cafeteria. These are children who are being served. Our boss is more concerened about her job and retiring in four years then she is about the health and well-being of children.
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Judy
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Only if you can show that the different rules are due to something like your gender or race. Othewise it's not discrimination, and EEOC has no reason or ability to get involved.
If this keeps on, the health inspector will have something to say, though, on the next inspection. |
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leysarob
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If you are treated differently ONLY because you are in a protected class it may be considered discrimination. It doesn't sound like legal discrimination to me.
However the health department regulations are another matter -- if they are being violated it might be a good idea to report the employer. Of course you won't be the "favorite" then either! |
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Peaceful friend
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Good luck with that. I work in the same exact situation, although honestly we do everything on the line exactly the way we are supposed to. My problem is the "short cuts" taken at the end of the day. Not rinsing the trays before washing, not pre-soaking the silverware, not cleaning the dishwasher and running it empty afterwards. So while everyone is done 15-20 minutes before me I follow the rules and look slow.
Point being I took my complaints to the cafeteria manager and was brushed off. I let it go but now another problem has arrived and I really don't know what to do.
I am 90% sure that I am going to go to the union and complain. Of course that means I am going to be alienated at work.
Sorry I can't help, life is a beach.
If possible look for a new job.
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Mel
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Discrimination is when an employee is treated differently because of a prtected characteristic such as race, gender, age, etc., which doesn't seem to be the case. What you have here are serious violations of health and safety procedures that should be reported to your county health department, OSHA, and perhaps your union if you are a member.
Employees cannot be disciplined or fired for "blowing the whistle" against an employer's unsafe work practices. |
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