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Answer: In the circumstances you’ve described, the answer is most likely yes, your company may do this. Although age discrimination is illegal, employers may rely on what the law calls “reasonable factors other than age” — including seniority — when making job decisions.
Does seniority matter in the workplace?
Seniority can bring higher status, rank, or precedence to an employee who has served for a longer period of time. And it generally means employees with seniority earn more money than other employees doing the same (or very similar) work.
Can an employer discriminate based on health?
It is illegal under both federal and state laws to discriminate against an employee based on his or her medical condition with regard to employment decisions. These decisions include hiring, firing, promoting, demoting, training and job assignments.
Can employers legally differentiate pay based on seniority?
Differences in pay are permitted when they are based on seniority, merit, quantity or quality of production. These are known as affirmative defenses and it is the employer’s responsibility to prove that they apply.
What does the law say about seniority?
The employee is entitled to the seniority and seniority-based rights and benefits that he or she had on the date the uniformed service began, plus any seniority and seniority-based rights and benefits that the employee would have attained if he or she had remained continuously employed.
Does seniority really matter?
Benefits seniority does not depend on your seniority compared to others. If your company has a benefits seniority policy, you may receive increased paid time off, salary and training opportunities as you approach employment milestones, like five or ten years of employment.
What is a disadvantage of the seniority system?
A potential disadvantage of seniority systems is that they tend not to reward performance. Seniority systems can create a disincentive to be productive. If the only way you can advance in a job is simply by working there for a certain amount of time, you have little incentive to work harder than others.
What is considered medical discrimination?
Medical discrimination can occur when an employer refuses to hire someone with a certain medical condition. It can also occur when an employer finds out about an employee’s medical condition and takes negative action (like demotion or firing) against that employee.
Can I be fired due to a health issue?
The California Fair Employment and Housing Act (FEHA) makes it illegal for your employer to discriminate against you due to a medical condition or perceived medical condition. Discrimination can include any adverse employment action, including firing or termination.
Can a job not hire you because of health issues?
The California Labor Code (Section 6311) allows you to refuse to perform unsafe work as long as it is a violation of a Cal/OSHA standard or Labor Code provision and is hazardous enough that any reasonable person would think his/her health or safety would be in danger by doing the work.
Can 2 employees doing the same job be paid differently?
There may be legitimate reasons for the pay disparity. But sometimes, there may not be, and a salary analysis may be advisable. Not only that, there could be legal issues involved, so an HR department’s response needs to be well-considered.
How do I report unequal pay?
https://www.eeoc.gov/equal-paycompensation-discrimination.An aggrieved individual may contact the Civil Rights Center (CRC) at: Phone: (202) 693-6500; Federal Relay Service TTY/TDD: (800) 877-8339; Video Relay (877) 708-5797; Email: CRC-INFORMAL-COMPLAINTS@DOL.GOV.
Can my employer pay me less for the same job?
The Equal Pay Act doesn’t allow your employer to pay you less than a coworker doing a similar job. Congress passed the EPA in 1963, mostly to ensure that women earn the same pay rates as men doing similar work. However, the law protects both genders.
Can favoritism be a form of discrimination?
Discrimination. If favoritism is a result of an employer’s discrimination, this constitutes illegal favoritism. When job decisions are made based on an employee’s protected traits, such as race, sex, disability, age, etc., legal action can be taken. could constitute illegal discrimination.
Why seniority is bad?
A potential disadvantage of seniority systems is that they tend not to reward performance. Seniority systems can create a disincentive to be productive. If the only way you can advance in a job is simply by working there for a certain amount of time, you have little incentive to work harder than others.
What is another term for seniority?
Synonyms & Near Synonyms for seniority. precedence, preference, prerogative, privilege.
Why you should never promote an employee based on seniority?
Here are the disadvantages to using a seniority-based promotion method: Less motivation among employees to excel, as it doesn’t factor into promotions. Increases resentment among motivated or talented employees if mediocre employees are promoted over them.
Can you lose seniority?
Loss of seniority occurs with resignation, dismissal (unless the GESSA employee is recalled during the recall period), or retirement. Loss of seniority impacts workers’ right to receive social security benefits.
How does seniority rule work?
noun U.S. Politics. the custom in Congress providing for the assignment of a committee chairpersonship to that member of the majority party who has served on the committee the longest.
What are two criticisms of the seniority rule?
Criticism: The seniority system ignores ability and discourages younger members. The rule also means that a committee head often comes from a “safe” constituency. One party regularly wins the seat. What role do committees play in turning bills into laws?.
Which is better performance or seniority to retain employees?
Seniority is how long you have been with an organization and the authority you hold within it. It may also include your previous experience before joining the organization. Whereas performance is how successfully you have accomplished your goals and tasks, and the benefits doing so has had on your organization.
What is seniority based pay system?
Seniority-based pay systems are those in which the primary basis for pay increases is the employee’s tenure. Some benefits of seniority-based pay include loyalty, retention, and stability of all staff members, regardless of performance levels.
