Bereavement policy not being applied equally across company. Could this be discrimination? Policy reads that bereavement may be

Asked almost 2 years ago - Seattle, WA

used for death of immediate family member (3 days). Policy doesn't specify that use must be only for attendance of funeral or memorial or that must be used consectutively. However, the first day I used bereavement I was asked to provide a death certificate which was only 3 days after the death and I refused. My employer applied the bereavement and later apologized for making such a request. The remaining 2 days I used, I was asked to supply obituary but there was no funeral, I used for grieving. this has not be a requirement in past for other employees and I was told my company just now starting to apply but not written policy. Can I sue if I'm not allowed to apply bereavement leave w/o supplying obituary and other employees were not held to same requirement? Murdered & body not released

Attorney answers (2)

  1. Spencer Nathan Thal

    Contributor Level 8

    Answered . In order to establish unlawful discrimination you would need to be able to show that the unequal application of the policy is because of your protected class (race, sex, national origin, etc.). If you feel this type of factor was driving the employer's unequal application of the policy, you might start by raising the issue with your employer's human resources department, or, if you have already done that, by filing a charge of discrimination with the Equal Employment Opportunity Commission..

  2. Herbert J Tan

    Contributor Level 17

    Answered . Sorry for your lose. If the policy was "changed" but applied evenly, I would say you do not have a claim. If it was applied differently to members of a protected class, then that would give the initial elements to a claim of discrimination.

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