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A male employee asked to go home due to not feeling well and…

Customer Question
A male employee asked...

A male employee asked to go home due to not feeling well and was allowed to leave early due to his illness. The same day I asked to go home because of not feeling well and I am a female and was told no that because he already left I couldn't. Why is his illness more serious than mine? Why was it okay for him to go home and not me? Could this be considered sexual discrimination?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

New york?

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

New york?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The two bosses that okayed him to leave early our female

Submitted: 11 months ago.Category: Employment Law
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Answered in 5 minutes by:
9/14/2017
Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,078
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 11 months ago
Full time employment
Customer reply replied 11 months ago
I do not want a phone call.
Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago

I’m sorry to hear about your situation. It is possible that you may be dealing with employment discrimination. Under state and federal law, an employer is not allowed to discriminate against an employee on the basis of age, sex, race, gender, sexual orientation, or disability. In your case, if they let the employee go home just because he was male or if they didn’t let you go home just because you are female, means that you may have a claim for employment discrimination. You may want to contact your local equal employment opportunity commission to file a claim. You’ll have to prove your case, but the employer is required usually to conduct an investigation and explain themselves.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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