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  1. #1
    Join Date
    Sep 2014
    Posts
    2

    Default Inconsistent Enforcement of Workplace Rules

    My question involves labor and employment law for the state of: Alaska

    My company has a policy that allows new mothers to bring their babies to work with them until 4 months from birth. My manager told me that I absolutely may not bring my baby with me beyond the day that exactly marks 4 months from birth, and if I do there will be disciplinary action. There is a woman in another department who is currently bringing her 5 month old with her to work, and another women in that same department who brought her baby with her until he was 11 months old. (She no longer brings him.) Neither one of these women have been disciplined in any way, and the mother of the 5 month old told me that she had no intention of seeking daycare in the immediate future and that her manager had said nothing to her about the policy.

    Do I have a case for discrimination? We are all women, the same race, and roughly the same age. If it is illegal for them to allow the other women leniency and not me, can I preempt the disciplinary actions by alerting the employer that their actions are illegal? Or do I only have a case if I am formerly disciplined or fired and the other women are not? Can anyone cite specific laws?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Not Uniformly Enforcing Policy

    No, you don't. Employers are not under any obligation to enforce policies evenly, and this is only illegal discrimination if it is based on a characteristic protected by law, and you have indicated that is not the case. Nothing you have posted suggests that anything your employer is doing is illegal.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Employer Not Uniformly Enforcing Policy

    Since this matter is not required by law the employer can selectively enforce the rules as long as an illegal means of discrimination is not their basis for the different treatment. Given the specifics for each of you I see no illegal discrimination so they can enforce the rules as they desire.

    There re is nothing in the law requiring an employer to enforce their rules equally among employees.

  4. #4
    Join Date
    Sep 2014
    Posts
    2

    Default Re: Employer Not Uniformly Enforcing Policy

    I found out some new, pertinent information yesterday. While the three of us women are all part Alaska Native, the other two women are part Aleut and I am part Inuit. The company we work for is 100% dedicated to providing services to advance the Aleut people, specifically. So, they are discriminating on my national origin, since I am not of their people.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Employer Not Uniformly Enforcing Policy

    Can you prove it or is it merely speculation? It could be as simple as they don't like you and they like the other women. That fact you presented might mean they are discriminating illegally but if you are the only non Aleut to have been denied such relief, it makes it a lot more difficult to prove and a lot easier to explain away with very legal reasons.



    the fact tribal issues are so known brings about another question;
    is this on any sort of recognized tribal lands (reservation)? If so that changes a lot.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Not Uniformly Enforcing Policy

    Let me clarify a couple of things which are not clear from your post:

    Do either of these women work in your department?

    If so, do either of them report to the same manager as you?

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Employer Not Uniformly Enforcing Policy

    Your federal options also depend on the size of the company. You may get a better read on your situation by starting here:
    http://humanrights.alaska.gov

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Employer Not Uniformly Enforcing Policy

    From your post, all have different managers. Your manager is not as willing to deviate from company policy. That is not illegal. Ask to be transferred to a department one of the other woman work in. For all we know it could be that your child is a screaming distraction or you abuse the bring your child to work privilege excessively to slack off. Further, there is not a policy they are violating. You said the policy ended at 4 months. The rest is good will.

  9. #9
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Employer Not Uniformly Enforcing Policy

    if you try to make this about ethnicity, i suspect you will find it about unemplyment in short order.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Not Uniformly Enforcing Policy

    Not to mention the fact that the employer is under NO obligation to allow you to bring you child to work at all, and someone fussing about not being allowed to bring him or her longer than the policy states just might find the policy being changed to zero months.

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