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Employment Law/Is this discrimination?

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Question
Hello,

I believe the plant I work for is violating my and other employees fair and equal rights. The employer makes the same people work all the overtime all the time and the rest go home after 8 hours. however, makes just one line work 10 hours every day. The group required to work all the overtime is predominately Mexican or Hispanic. Their are appx. 150 of them with only a few whites and blacks. The ages of this group ranges from 20-50. the line The employer has been implementing this type of scheduling for years. The predominate ethnicity across both the 10 hour and 8 hour is Hispanic or Mexican. There are just a few whites and blacks in both. The age of those working the most overtime is 20 to 50.

The plant has about 2,500 employees and no one has filed a complaint because the employer terminates employees that complain. The ethnic makeup in the whole plant is about 95% Hispanic or Mexican and 5% black and white. Is there in your opinion a case for discrimination?

Thanks,
Loran

Answer
There is not a case for discrimination because both those asked to work over time and those going home early are the same ethical race. If only those being asked to work overtime were one race than there would be discrimination.

In other words if the ones going home early were all white and the ones being asked to work all the overtime were all hispanic than there would be discrimination or vise versa.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

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I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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