Is this a discriminatory work practice?
October 28, 2010 10:19 AM Subscribe
I work in manufacturing delivering parts: Also some heavy lifting...I get paid the same as my-day time counterpart (I work swings) I'm 52 he is 24. I have to relieve people for breaks, he does not, he leaves stuff to be taken care of every day which I have to complete: and this goes on everyday like in groundhog day. I have made verbal complaints to my boss but it's supposedly going to be taken care of. This was early in the summer. It was taken care of once after I complained. What should I do,I am keeping a log when things aren't done... by the way we have no union just union busting philosophy meetings every quarter. Should I get a lawyer and complain or what. There are no other jobs around and the pay actually is good and makes ends meet.
Which is the problem? That you're doing too much work (nevermind whose it "should" be) or that your coworker is doing too little?
Either way, it doesn't strike me as a lawyer-up situation. If you're doing too much work, talk to your manager about that. If someone else isn't doing their job, you could talk to your manager, but as you already have - going again might come across as whining.
I'd say just do YOUR job good and don't worry about what other people are or are not doing.
posted by ish__ at 10:33 AM on October 28, 2010
Either way, it doesn't strike me as a lawyer-up situation. If you're doing too much work, talk to your manager about that. If someone else isn't doing their job, you could talk to your manager, but as you already have - going again might come across as whining.
I'd say just do YOUR job good and don't worry about what other people are or are not doing.
posted by ish__ at 10:33 AM on October 28, 2010
Well, complainers are rarely popular people, so you may need to investigate how you are approaching management.
The best way to deal with your coworker is to approach him directly. This won't be easy because of th dynamic that exists between the two of you. Maybe you could try taking him out for a beer? Befriend him?
Otherwise you may be stuck with the situation.
posted by KokuRyu at 10:33 AM on October 28, 2010
The best way to deal with your coworker is to approach him directly. This won't be easy because of th dynamic that exists between the two of you. Maybe you could try taking him out for a beer? Befriend him?
Otherwise you may be stuck with the situation.
posted by KokuRyu at 10:33 AM on October 28, 2010
Did you try talking to the young day guy? If he's confronted by the person he's making things harder for, instead of a boss, maybe he'll straighten up and fly right. Maybe. A little. But there might be nothing you can do about it, if your boss isn't taking it seriously.
posted by scratch at 10:36 AM on October 28, 2010
posted by scratch at 10:36 AM on October 28, 2010
Talk to the EEOC. Age-based discrimination is illegal if you're over 40. It sounds like that's going on here, if you're getting paid the same for the same job, but you have to do more and have to cover breaks and he doesn't. I'm not a lawyer obviously, but I think it would bear looking into, at least.
From the EEOC page:
Age discrimination involves treating someone (an applicant or employee) less favorably because of his age.
The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.
It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.
Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.
posted by Slinga at 10:40 AM on October 28, 2010 [1 favorite]
From the EEOC page:
Age discrimination involves treating someone (an applicant or employee) less favorably because of his age.
The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.
It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.
Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.
posted by Slinga at 10:40 AM on October 28, 2010 [1 favorite]
Don't "confront" him, take him out for a beer or something and gently, in a "We're all in this together" sort of way explain to him how his behavior affects your job. Management doesn't care because the work is getting done, the kid doesn't care because he doesn't really know you. The only one who can fix the situation is the kid, you want him on your side.
posted by Floydd at 10:43 AM on October 28, 2010
posted by Floydd at 10:43 AM on October 28, 2010
I agree, there's nothing to sue about here, and there isn't any discrimination due to age...the other guy would be slacking if you were 19 or 90. And, jobs don't need to be identical, even if the title is the same.
Do your job, do it well, take your eyes off the other guy...
Karma happens.
posted by HuronBob at 10:47 AM on October 28, 2010 [2 favorites]
Do your job, do it well, take your eyes off the other guy...
Karma happens.
posted by HuronBob at 10:47 AM on October 28, 2010 [2 favorites]
"he leaves stuff to be taken care of every day which I have to complete"
One option would be to see what happens if you don't do the things he leaves. Or, if you must do them, then see what happens if you leave things for him to do. You both work the same amount of time in the same title, so it's not fair if you are required to get more done. However, life is not always fair, even when you a represented by a union.
posted by soelo at 10:47 AM on October 28, 2010 [2 favorites]
One option would be to see what happens if you don't do the things he leaves. Or, if you must do them, then see what happens if you leave things for him to do. You both work the same amount of time in the same title, so it's not fair if you are required to get more done. However, life is not always fair, even when you a represented by a union.
posted by soelo at 10:47 AM on October 28, 2010 [2 favorites]
Talking to your counter-part directly, in a friendly fashion could actually get something done. If that doesn't work, or isn't feasible, could you ask for overtime to make up the work he's not getting done? The threat of paying more money might make management act faster.
posted by filthy light thief at 10:52 AM on October 28, 2010
posted by filthy light thief at 10:52 AM on October 28, 2010
Mod note: few comments removed - knock it off, go to metatalk or answer the question are your options. Please do not derail this thread.
posted by jessamyn (staff) at 2:04 PM on October 28, 2010
posted by jessamyn (staff) at 2:04 PM on October 28, 2010
I agree this doesn't sound like any kind of discrimination problem.
When you say the problem was "taken care of once," what happened? Did someone else cover the breaks you usually cover? Did the day guy finish the tasks he ordinarily left for you? That information might help point to a solution to your problem.
A few people have suggested that you begin by taking up the problem directly -- in an approachable, friendly way -- with the person involved. Since he's so much younger, he may also be much less experienced than you; maybe he just isn't that efficient. Maybe the two of you can work together to figure out how best to deal with the work he hasn't been finishing. (Or maybe not, if he's defensive or hostile. But it's probably worth a try.)
In any case, as Huron Bob points out, identically-titled jobs aren't necessarily identical, particularly in cases where one worker is much more efficient or motivated than another. This may be one of those situations where you just have to do your own job well for your own sanity's sake.
posted by tangerine at 2:45 PM on October 28, 2010
When you say the problem was "taken care of once," what happened? Did someone else cover the breaks you usually cover? Did the day guy finish the tasks he ordinarily left for you? That information might help point to a solution to your problem.
A few people have suggested that you begin by taking up the problem directly -- in an approachable, friendly way -- with the person involved. Since he's so much younger, he may also be much less experienced than you; maybe he just isn't that efficient. Maybe the two of you can work together to figure out how best to deal with the work he hasn't been finishing. (Or maybe not, if he's defensive or hostile. But it's probably worth a try.)
In any case, as Huron Bob points out, identically-titled jobs aren't necessarily identical, particularly in cases where one worker is much more efficient or motivated than another. This may be one of those situations where you just have to do your own job well for your own sanity's sake.
posted by tangerine at 2:45 PM on October 28, 2010
Stop doing his work. Leave alone the things he leaves alone every day. Why would mgmt change, if all the work is being done and they know you're not gonna quit? All they care about is that *someone's* doing the work, not who, so stop doing the extra work.
Maybe forget about the break stuff, for now, until you see how they react to this other guy's stuff.
posted by smoke at 3:41 PM on October 28, 2010
Maybe forget about the break stuff, for now, until you see how they react to this other guy's stuff.
posted by smoke at 3:41 PM on October 28, 2010
Best answer: Is there any way to turn this into a "does this make sense that we're in the same pay grade?" conversation? I've always heard that the best way to pitch a pay raise request to a boss is to say that your job description has changed, and my spidey senses (which admittedly suck for workforce issues) suggest that, if your job description is indeed the same, but you're doing radically different workloads, there might be an opening here.
posted by Ys at 5:40 PM on October 28, 2010
posted by Ys at 5:40 PM on October 28, 2010
Response by poster: Thanks for the great replies:Like a lot of situations since most of us are not independently wealthy we need to press on: Which is no problem. That being said, I agree the management is bad: I think I will just tell my boss I'm going to HR and put in a pitch for a pay raise: then if they don't settle it.... I'll write a letter to corporate and drop kick their ass for discriminatory work practices.....
posted by Upon Further Review at 9:52 PM on October 28, 2010
posted by Upon Further Review at 9:52 PM on October 28, 2010
This thread is closed to new comments.
posted by ghharr at 10:27 AM on October 28, 2010 [5 favorites]