A lot of employees have many obligations outside their place of work. Some might be taking care of an elderly or disabled loved one or have small children waiting to be picked up from school. Whatever their situation is, these employees may not feel delighted about knowing their work schedule has changed, especially if such a change makes it impossible for them to meet their family obligations. Their disappointment will become worse when their request for flexibility is quickly denied.
In general, an inflexible work schedule is not a form of employment discrimination. Just because your employer inconvenienced you by a shift of schedule does not mean they discriminated against you. However, cases differ and the are factors you must think about to determine if experience a sort of discrimination at work. A skilled Lambertville employment lawyer can help you determine if you can file a discrimination claim by considering the following:
The Possibility of Retaliation
If you think your change of schedule has to do with an action you made against the company, this may be a form of retaliation or discrimination. The change should have followed closely on the heels of a complaint or other action. You could expect your employer to claim they had valid reasons for the change; however, they have to support this claim with some pieces of evidence. Also, for the change to be taken as a negative employment action, it should be requested by your employer.
The Impact of the Change in Schedule on You
If you want to bring a discrimination claim, you need to show that your employer took an adverse employment action. For instance, if the new schedule makes it hard for you to care for your kids, you might claim sex discrimination. Similarly, if this change has stopped you from getting medical treatment, you could claim that you have been discriminated against due to your disability. It is imperative to document how the job interrupted your life. Also, you must consult an experienced employment lawyer for legal assistance. Your attorney can determine if you have been retaliated against or have a legal claim during your consultation. Navigating the nuances and determining whether your inconvenient working hours are a form of discrimination are challenging. This is because of the lack of specific flexible working arrangement policies in the United States. Your attorney can determine if you have a base for a claim.
