Discrimination

I work for a company that has approximately 500 employees. Their 401k plan is set up that the employees are eligible the first of quarter following 90 days probationary period. I started in October 2005. Another employee started in October as well. I am a female, the other employee is a male. I am also considered disabled under the ADA. We would both be eligible for enrollment in the 401k in April 2006. That is when I enrolled. The company for some reason allowed him to enroll in January 2006. The HR Director signed off on the enrollment, the Payroll Supervisor enrolled him in the plan and the Payroll Clerk put in the deduction into payroll. They also had a male employee begin employment on May 1, 2006 and let him enroll July 1 but in reality he should have waited until October, 2006 to enroll. I feel this was discriminatory.

1 answer  |  asked Aug 22, 2006 10:18 AM [EST]  |  applies to Kansas

Answers (1)

Albert Kuhl
Your benefits question

What has happened to you does seem to be an example of what the law calls 'disparate treatment.' In other words, two employees being treated differently, with you being in the protected categories of female, and disabled. That said, you will need to consider whether any meaningful remedy is truly available, as a practical matter, to make pursuit of a legal claim actually worth pursuing.

posted by Albert Kuhl  |  Aug 22, 2006 2:10 PM [EST]

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