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  1. #1
    Join Date
    Jun 2008
    Posts
    5

    Default Is This Discrimination?

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

    I was recently removed from posistion at my workplace becasue a co-worker who is disabled can no longer preform thier duties. Is this not a case of reverse discrimination? Do i have any legal recourse?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Is This Discrimination?

    You were fired or you were put in another position?

    "Reverse discrimination"? What? No such thing. Only discrimination, and unless you were fired specifically for not being disabled, no, you weren't discriminated against.

  3. #3
    Join Date
    Jun 2008
    Posts
    5

    Default Re: Is This Discrimination?

    I was put in another posistion. I was not fired

  4. #4
    Join Date
    Jun 2008
    Posts
    5

    Default Re: Is This Discrimination?

    But also demoted to the back up for that posistion. So i was demoted

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is This Discrimination?

    It isn't clear what happened. Are you stating that you were transferred to a different position because a disabled co-worker was able to perform your job, and they accommodated the worker by giving them your job? Are you stating that your pay was cut?

  6. #6
    Join Date
    Jun 2008
    Posts
    5

    Default Re: Is This Discrimination?

    Yes, the job he was hired for he could no longer preform. I did not recive a pay cut, just a demotion in status.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Is This Discrimination?

    Nothing you have posted suggests illegal discrimination.

  8. #8
    Join Date
    Jun 2008
    Posts
    5

    Default Re: Is This Discrimination?

    Isn't demoting someone becasue they are not disabled, the same as taking a demotion for being disabled?

  9. #9
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Is This Discrimination?

    Based on your post, there was no illegal discrimination. An employer is allowed to change your duties/demote you. There was no illegal discrimination unless you were demoted due to a reason prohibited by law/a protected characteristic (ie age, religion, disability). I don't see where this applies in your case. (Not being disabled is not a protected characteristic - is not *illegal* discrimination)

    It seems you are still receiving the same pay.

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

    Default Re: Is This Discrimination?

    They didn't demote you BECAUSE you are not disabled. I'm not convinced you were demoted in the first place - that seems to be YOUR perspective on the situation.

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