Disparate Treatment. Actions taken that are markedly distinct in quality or character and made up of fundamentally different and dissimilar elements when the facts are the same or of a similar nature.
Disparate Treatment. The Union contends that the State acted in a discriminatory manner by discharging the Grievant for dishonesty and falsification of records. In support of its claim of disparate treatment, the Union relies upon several episodes. The first situation involves Xxxxxx Xxxxx, a bargaining unit member who submitted a request for vacation in December, 1986 that was denied. She then called in absent on six (6) days in December while indicating that she wanted emergency vacation for the days in question. Xxxxx failed to submit verification and the request was denied. On February 4, 1987, Xxxxx submitted an emergency vacation request for the dates in December with a “work excuse" attached, signed by a doctor. The file copy of the “work excuse” in the doctor's office contained only one (1) day, but the copy of the “work excuse” submitted by Young contained more than one (1) days. Xxxxx failed to explain who had altered the document. Furthermore, Xxxxx falsified hospital records by “clocking in late but made entries on the nursing office sign-in/out log book “as if you were in earlier". In light of these findings, the State concluded that Xxxxx was "guilty of Neglect of Duty, Failure of Good Behavior, and/or Dishonesty". Furthermore, the Grievant had previously been suspended for neglect of duty on September 26, 1986. The State suspended Young for six (6) days. The State objected to the Union's evidence concerning Young because it entered into a settlement agreement with the Union. The State indicated that the agreement which provided for six (6) days suspension of Young would discourage future settlement agreements between the parties. I agree with the State's position that the settlement agreement provided for the six (6) day disciplinary suspension of Young is to be given no weight. There are various considerations which might motivate parties to enter into a settlement agreement. These agreements are usually specifically applicable to the facts. That the State has entered into a settlement agreement concerning Young and might not do so in connection with another errant employee is within its discretion. Accordingly, the settlement agreement concerning Xxxxx is not entitled to any weight in this case. The Union also referred to an incident involving Xxxxxxx Xxxxxxx, a bargaining unit member. The State charged Xxxxxxx with excessive absenteeism and fraudulent documentation of absence for April 7 through April 13, 1989. Xxxxxxx apparently submitted a doctor’s note dat...
Disparate Treatment. If a policy or practice treats protected classes differently on a prohibited basis (commonly known as “disparate treatment”), the creditor has violated the ECOA and Reg. B.
