Employment Law Questions? Ask an Employment Lawyer.
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"Discrimination" simply describes the act of treating similarly situated people differently. However, what most non-attorneys don't understand is that the vast majority of "discrimination" is perfectly legal. Discrimination is only against the law when it is MOTIVATED by a legally protected trait, such as race, religion or disability. Example, it would be illegal if this employee could prove that his pay was being reduced because he is African American. However, absent some showing that the employer's motivation is a legally protected trait (and it is the employee's burden to prove this motivation) discrimination is not illegal. What you have described does not suggest any unlawful discrimination and so the paycut would not violate any law or typically create any legal exposure.
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