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Return-to-work practices can also amount to discrimination

A matter was settled out of court concerning charges that return-to-work situations need to be treated in a non-discriminatory manner, and that the employer being sued failed to do this. The woman that filed the suit complained that she was discriminated based upon gender by her place of employment.

The worker in question had previously filed a complaint a number of years ago concerning a pay inequity issue in which she won a substantial settlement - along with two other women. Then, a number of years later, she alleged that men were given a two-day furlough over a union related dispute while women were forced to remain on furlough after that two day period had ended. The inequity in treatment between men and women was allegedly due to retaliation against the women for filing the earlier claim.

This latest incident has since been settled out. The woman in question has since resigned from the company after having been there for 25-years.

Just as in cases concerning hiring, advancement, pay benefits and other related conditions, employer decisions concerning an individual's right to return to work must be equally applied and conducted in a fair manner. To treat a worker differently based upon gender is discrimination entitling that individual a right to a legal remedy. If there is any question concerning whether such practices were equally applied or conducted in a fair manner, attorneys experienced in the area of employment law and employment discrimination are available to answer your concerns.

With the current economy, a loss of one's job can mean months of unemployment and loss of wages. The stakes are too high for workers to be let go because of discrimination on the part of the employer.

Source: sctimes.com, "Sauk Rapids discrimination claim settled; former employee to receive $31,000," Nov. 19, 2011

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