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Is this considered discrimination Tennessee

On Lawyer & Legal » Employment & Labor Law

4,995 words with 6 Comments; publish: Fri, 05 Sep 2008 13:27:00 GMT; (800109.38, « »)

Is it job discrimination to make employees with the same job follow different rules?

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. I am 52 and the other employee is 25. Thanks for any advice or help!

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  • 6 Comments
    • In any case, I doubt doffing and donning a pair of gloves is really slowing you down any appreciable amount.

      Did you read my post? I said I just was only giving examples in which this other employee is given different rules to follow. There are many, many more. The regulations she is being allowed to ignore are ones read to us directly from the health & safety regulations for public school systems when our employment began. They are also rules I was told by my supervisor I had to follow, and reprimanded for not following the few times I forgot and got it wrong. There is also another woman who works with me that is being treated unfairly as well. The problem is that we are white, and the other woman is black. Our supervisor is scared to death to point out anything to her because she is afraid the woman will charge her with discrimination. Therefore, the bulk of the work is being placed on myself and the other white employee. I don't mind hard work, but I do mind being treated unfairly because of my race.

      #1; Sat, 06 Sep 2008 15:21:00 GMT
    • I agree. There is nothing illegal being done here unless you are being treated differently (discriminated against) just because of a reason prohibited by law such as your age.
      #2; Fri, 05 Sep 2008 14:19:00 GMT
    • There is nothing inherently illegal about two different employees treated differently unless the difference is based in (in other words, BECAUSE OF) your race, religion, national origin, or other characteristic protected by state, Federal or local law.
      #3; Fri, 05 Sep 2008 13:50:00 GMT
    • Again, I provided a link to the appropriate regulationsas they actually read. If ones are actually being violated, then point them out to someone or report it to the authorities specifically by regulation being violated. Somehow I can't imagine that the law requires one tray be prepped at a time. Otherwise, fast food establishments and restaurants of all kinds would need to prepare each patrons order individually, rather than gathering and entire order for serving at once. I have also never seen a school cafeteria that served one student at a time. That just isn't at all efficient. Good grief it would take the entire lunch period to just get the kids their food.

      If you are just being reassinged to tasks you would ordinarily perform as part of your job in food service, that isn't an adverse action. If the jobs you are given are objectively worse and the reason they are being assigned to you is only because of your race or age, that is illegal. Your subjecive preference to prep trays and take out trash as opposed to cooking food or prep work doesn't make it an adverse action. Reassinging employees based on their strengths and what makes the kitchen work most efficiently, is called good management. It is sounding less like the problem is that this other employee is disregarding health department regulations and being rewarded for it and more that she is just being given the tasks you prefer to perform. If she needs by regulation to change her gloves, that doesn't mean she can't still be assigned to jobs you used to do.

      #4; Mon, 08 Sep 2008 06:24:00 GMT
    • Possible public policy violation. The health codes are public policy, they can not fire an employee for following it, then retain the one that does not.

      JoeC

      #5; Sun, 07 Sep 2008 17:52:00 GMT
    • Other than performing different duties now, what adverse actions have been taken against you? Have you lost pay, a promotion, or your job?

      Whether or not health department regulations are being followed is a totally different matter. A quick glance through the regulations doesn't show any of the things you mentioned to be a violation. http://www.state.tn.us/sos/rules/1200/1200-23/1200-23-01.pdf In any case, I doubt doffing and donning a pair of gloves is really slowing you down any appreciable amount.

      #6; Fri, 05 Sep 2008 14:03:00 GMT