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Selective Enforcement of Workplace Rules

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  • 04-22-2015, 10:32 AM
    Rooney
    Selective Enforcement of Workplace Rules
    My question involves labor and employment law for the state of: California

    As part of our employee handbook, there's a clause that states no relatives can be hired to work for our company. Our corporate office and two other plant locations are established in California, and another branch in North Carolina. The first sentence in mind, our North Carolina plant recently hired a couple, a Caucasian woman who would oversee the who plant food safety program and all departments beneath her, and her husband (African American) in the shipping department. In our California plant, we hired my sister to implement this same program for our other location in CA, and the President questioned her hiring, because she is my sister (Hispanic), yet she wouldn't be under my department nor my branch. He began to discuss the employee handbook, yet he let the hiring of many family members in the North Carolina plant, as well as more family members directly hired by the administrative director rather than the production director. Also, he harasses all employees by micromanaging, which causes me anxiety, and he continually has a paranoia that we have some secret agenda. This president started with the company since April of last year, and will serve a 5 year term and then will be sent back to Japan. He also has a secretary (Caucasian), that before he started, she was on board, but comes late everyday, even to date! I told him that she comes late and all he could say was say that she makes reports for him and was okay, but if it were me there would be a problem. Also, if he was to go by the handbook, then she would have been terminated months ago, since she comes late literally everyday.

    Can someone give me some advice, and if there's anything I can do to prevent the President from denying her employment with the company, even after she has officially been employed but doesn't start until two weeks time?
    Thank you!
  • 04-22-2015, 10:42 AM
    BooRennie
    Re: Selective Enforcement of Workplace Rules
    Nope. There's no law that says an employer has to utilize the employee handbook for making decisions.
  • 04-22-2015, 10:56 AM
    Rooney
    Re: Selective Enforcement of Workplace Rules
    I'm one of their best employees with a current promotion, so his attitude is shocking to me. He allows rules to be bent for everyone, so why try to prevent this hiring using the handbook, when rules are broken everyday from the same handbook? Also, if I was to break a rule or my direct supervisor (Hispanic) was to do the same thing as his other Japanese workers with the same title and race, he would discipline my supervisor yet let the other Japanese workers go with no warning or complaint.
  • 04-22-2015, 10:57 AM
    flyingron
    Re: Selective Enforcement of Workplace Rules
    Unless there is a specific argument that an employee was disadvantaged specificly because of race, there is no obligation for an employer to be fair or equal to everybody. That's just the way it is.
  • 04-22-2015, 05:48 PM
    Lehk
    Re: Selective Enforcement of Workplace Rules
    if there is evidence of disparate treatment based on race you may file a complaint with the EEOC and they will investigate it. however simply treating you and another co-worker of equal position differently is not automatically racial just because you are different races.
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