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You can file a discrimation case with the EEOC - click HERE for that information. If you can show that you were terminate because of their zero tolerance policy and that it is not consistent and they let him slide because he is a male and you were fired because you are a female, or because of your race, age, religion, etc then you would have a lawsuit. If you cannot show that your termination was because of a discriminatory factor then they would be able to say they can use thier policy to their discretion. That is what you need to keep in mind - policies are not law and they are always discretionary except where you can show and prove discrimination.
Best to you in this matter,
Well, again unless you can show there was some discrimation when applying the zero tolerance and then now NOT applying it - it is a policy that they can change when, how and where they choose. You would need to show they applied it to you and not this guy because of race, religiion, sex, disability, etc.
Best to you
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