Is it legal to impose a rule on one employee and not the others?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal to impose a rule on one employee and not the others?
I was recently caught in my phone at the place where I work. I was written up and told that I had to leave my phone in my car or locked up at my job only to have access to it on my breaks. The other employees can still have there phone on them. Is it legal to impose a rule/policy on only me?
Asked on June 14, 2016 under Employment Labor Law, Oklahoma
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Contrary to popular beleif, there is no law providing that all employees must be treated the same, or even fairly. The fact is that discrimination in the workplace is legal unless the differing treatment is the result of actionable discrimination. So, for example, if an employee has been given less favorable treatment due to their status in a legally protected class, that would be a violation of law. In other words, there typicallycan be no discrimination based on such factors as: race, religion, national origin, age (over 40), disability, gender, sexual orientation, etc. Additionally, if their treatment is prohibited by virtue of the terms of a union agreement, employment contract or even company policy, then that too would be illegal. Since most employment is "at will", an employer has a great deal of discretion in setting the conditions of the workplace.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.