Discretion or Discrimination?
Last year I was off work for surgery for approximately 6 months. During that period I was deemed disabled by my doctor. The only other absence from work that I had that year was the use of less than half my vacation which I had been allotted for that year. When I received my bonus check recently for that year, my boss said that it would have been considerably higher if I had ''not been off so long'' last year. My bonuses are described as being ''fully descretionary'' by my company, but is that not discrimination because I was disabled?
Asked on 3/27/08, 5:09 pm
1 Answer from Attorneys
Howard Mishler
Howard V. Mishler Co. LPA
Re: Discretion or Discrimination?
It could be a factor. I suggest an equitable remedy.
Answered on 3/31/08, 3:05 am
