More details to this question:
At work, there is an employee that is African-American and gay. He plays to both of those minorities. So much so that he is constantly late to work without seeing any kind of reprimand. He also does other things at work that would normally not be tolerated by another other employee. I was just wondering if this could be considered discrimination for the rest of the employees since we would be reprimanded, and possibly fired, for being late for work all the time.
1 ANSWER
Perhaps, but there has to be an "adverse employment action" before you could even have a potential action against your employer. You can't have a case based upon events which have not occurred or based upon presumptions. Further, sexual orientation is not a protected basis to protect employees from discrimination. So, the only potential basis is race discrimination and you would have to prove reverse race discrimination which is very difficult.
Answered on Dec 22nd, 2013 at 11:18 AM
Matthew J.P. Coffman The answer provided is not legal advice and it is recommended that you seek advice of an attorney. My office # is 614-949-1181.