Can an employer make you change your schedule to give someone else special days because they are a foster parent

I have been working at the same boys home for 3 yrs and I am a single mother. I have done afternoon shifts at first cause I was new and never did see my daughter. I am now working days with only one afternoon. My employer knows that I can not work midnights or all afternoons because of my daughter and this has not been a problem until now. One of the other people I work with is going to be a foster parent to one of our boys that is leaving the system. That foster parent has told our employer that he can not leave this child alone who is 16 and he will have to work all days and can not work weekends. I feel like my employer is making special arrangements for someone else and my child is less important than a foster child.

Asked on August 24, 2016 under Employment Labor Law, West Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Will this accomodation to the other employee violate the terms of a union/collective bargaining agreement or employment contract? Will it constitute some form of legally actionable retaliation or discrimination (i.e. based on your race, religion, age (over 40), disability, gender, etc.)? If not, then having you change your schedule, while infair, is perfectly legal. The fact is that giving preferential treatment to one employee over another is not illegal since not all employees need be treated the same or even fairly (unless it constitutes the discrimination as described above). Bottom line, a company can set the conditions of employment much as it sees fit.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.