Past Practice, Inequity in benefits, Discrimination? Harassment?

I work for what is known as a “special district” in the state of California. Briefly, a special district is a form of local government created by a local community to meet a specific need (e.g. a water agency). As the example states, I work for a water district and as an employee I am required to be certified (licensed) by the state.

Per our M.O.U., we as employees can, at the approval of the G.M., attend educational classes/seminars that apply or will apply to our jobs and be reimbursed for associated expenses. In the past, ALL employees have been granted approval for test prep classes to pass the aforementioned certification. I was recently denied my request (first known denial) whiles another employee of same class, job title, and less seniority was granted approval. I filled a grievance with the department head that denied my request and per the grievance procedure was granted a sit down meeting to discuss the manner.

In that meeting, the department head cited the following reasons for my denial:

a) Management has been discussing (amongst themselves) limiting the training benefit due to budgetary constraints and considering issuing a new policy on the manner.
b) Management stated that in the past all employees who took the training course passed the certification test, but recently an employee failed the test, therefore there is no guarantee that all persons will pass.
c) The department head stated that his personal feeling on the manner was that I did not need the training; I could pass on my own.
d) Past practice is irrelevant and does not dictate future practice.


I responded to each of the reasons as follows:

a) Management has not notified the employees of any change of policy, nor does management themselves have any new policy guidelines finalized.
b) Because one employee failed the state exam after taking the training course should not dictate my acceptance or denial to the same benefit: The employee’s failure to pass is not a proven measure of the course’s effectiveness (the employee could easily be at “fault”).
c) The department head’s personal feelings should not dictate my acceptance or denial of a workplace benefit (or any other decisions).
d) Past practice is an important legal condition that shows how business has been conducted. How else would one know what is acceptable or if something was done inequitably?
Additionally) If all the above complaints were true, including budgetary, how can the district justify sending another employee to the same course, during the same session, that I was denied?

After conceding that counter points a), b), and c) were true and inappropriate, management let out that they had previously met and discussed the issue and were in agreement that my claim was still denied. I stated that I had hoped nothing would be determined until all arguments were heard at this meeting and now felt that anything I said would be dismissed. The meeting adjourned and I was issued a written statement that I was denied my request because 1) past practice is irrelevant and 2) the other employee has a greater need (the district receives a greater benefit) for the training.

The next step in the grievance procedure is to present my case to the G.M. and at no time in our procedure are we allowed an independent judge or arbitrator (I feel I would win hands down if this was presented to any outside person). I feel I will face the same response from the G.M., as he has already consulted with the department head.

What legal recourse, if any do I have? Is there a legal term for my employer distributing inequitable benefits? I feel like I am being discriminated against, but from what I understand legally that must involve race, ***, religion, etc (I’m a straight, white, married, 35 yr old Christian male). It also feels like a form of harassment, being that the D.H. is making personal decisions about me and basing his decisions on me by using other’s performances.

The certification in question is a requirement for a supervisory position at the district and their denying me an equal opportunity to pass has to be illegal in some way, no?

If it matters in any way, the cash value of the course, travel, and expenses is approximately $800 - $1000 – BUT the overall value could be tens of thousands of dollars if the supervisory position/pay is taken into consideration.

You seem to have a grasp of what the laws says. Discrimination/Harassment allegations are difficult to prove. You must show that you are being treated differently based on a distinct characteristic such as race, age, gender, religion etc.

Read this: http://www.legalmatch.com/law-librar...imination.html.

The problem is that like you said is a discretionary decision whether or not they reimburse you and if you can't prove they are denying your request based on a protected class they you may have problems.

Speak to an attorney anyway. So many factors may change whether or not you have a case. Your attorney will be able to take a look at your paperwork, employment contract, manuals etc. to better determine the strength of your case.