Discrimination??

Paula

Can an employer selectively offer paid vacations to some employees and not others? Or would that definitely be considered discrimination? I don't mean full-time vs. part-time employees, but those considered within the same employment class.

Down_the_Middle

I think that strategy will raise more red flags than the Daytona 500..... I seriously doubt that you would be able to show job-related reasons for doing this and your defense against being discrimnatory would be very difficult to show. Aside from the employee relations problems that this would create, I think the avg employee (who does not get an equity vacation allowance) will view this as discrimination. I think the risks are substantial.......

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 07-25-01 AT 12:54PM (CST)[/font][p]You probably need to check with your state laws regarding paid vacation accrual requirements. But I suspect there isn't anything that requires an employer to provide paid vacation benefits for all classes of employees as long as the basis of deciding which classes of employees receive paid vacations isn't based upon a "'civil rights' protected status" (e.g., race, religon, sex,), or have a disparate impact on protected groups. Of course, you may have other problems, such as recruitment, retention, morale, and financial. And you may be subject to legal complaints, on claims of illegal discrimination. I also assume there is no union contract.

Margaret Morford

I also think you may want to check with an ERISA attorney. IF you can get over the discrimination issue, you may have ERISA issues.

Margaret Morford
theHRedge