Is this a case of potential workplace discrimination?

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Doctors suggested I seek medical treatment for what may have been cancer in 2 different locations of my brain. My employer denied me medical leave with or without pay although I was asking for 32 hours spread over four months. In no way would my having taken off impacted the employer because it would have been only a few hours every two weeks (up to 4 months). I was willing to work around my regular schedule to do it. I was told I would have to tough it out; earn every hour off with pay; and then if I was healthy enough to seek treatment, only after I had earned all the time off could I take paid medical leave I needed despite urgency. My employer said I was taking medical vacations (because I have preexisting medical conditions) & needed a new hobby instead of choosing to be sick. In contrast, a fellow employee (who is younger, healthier, and a different race) is consistently sick from work. She was recently out for approximately 3 weeks. Another younger, healthier employee has admitted she is "always in the hole" without hours, having taken a vacation overseas. The rules do not apply to everyone. I have to consistently clock in. They inconsistently clock in only when they want.

Attorney Answer

1
Jay Meisenhelder ·
Obviously, if a younger employee of a different race is being treated more favorably, that suggests you may be the victim of discrimination based on either age, or race. One important fact to ascertain is whether your employer is subject to the Family and Medical Leave Act ("FMLA"), or if there is an Alabama state equivalent. Then determine if you are eligible leave under the act. If the answer to both questions is yes, then your employer is likely in violation, regardless of whether you can prove discrimination. You need to discuss this situation in person with an employment law attorney to get definitive advice.
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