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Ask Tina Your Own Question
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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My wife works as an elementary school teacher. Her contract

Resolved Question:

My wife works as an elementary school teacher. Her contract contains language that enables employees to have the opportunity to earn a higher salary by taking approved college coursework compensated at the rate of ~$70 per unit / year. This issue I am investigating revolves around a particular piece of contract language that stes that employees hired prior to a particular date have a limit of earning credit for 105 college units and employees hired after that particular date have a limit of only 95 college units allowed for salary credit. My question is "Doesnt this constitute discrimination?". All other factors being equal, one group is given an opportunity to earn a higher salary where another is not.

Your thoughts?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

While the provision may be discriminatory, it does not typically constitute prohibited discrimination.

State and federal law prohibits discrimination based on race, gender, age, disability, marital status and other protected classifications typically.

In this situation, the employees are groups by their hire date and not by race, gender, or other protected status. Therefore, the different treatment of the two groups does not constitute prohibited discrimination.

If the policy treated employees differently based on a protected status, that would constitute unlawful discrimination and be actionable by affected employees typically.

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