Can I sue my employer for giving single mothers special privileges for scheduled work times?

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Can I sue my employer for giving single mothers special privileges for scheduled work times?

I work at a nursing home where our start times are 6am-2:30pm or 6:30am-3:00pm. When everyone is hired they are asked if they can work these times. There are a lot of single mothers. But only two refuse to work the 6:30 shift. They lie and say they can’t get daycare, but everyone else has too. These girls are part time. And they refuse to start at 6:00am because those are the “dirty” jobs. The 6:30 jobs are “easy” jobs. Two days after this new girl was hired, she caught on to this and said she couldn’t work at 6:30. Is that discrimination on family status. Do I have legal rights?

Asked on October 22, 2010 under Employment Labor Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well, let me ask:  if you asked for the same shift would you be given it?  Could you?  Then if the answer here is yes you are not being discriminated against.  Also, you need to prove that yu a re in a protected class in order to be able to claim discrimination.  Discrimination occurs when an employee suffer unfavorable or unfair treatment due to their race, religion, national origin, disabled or veteran status, or other legally protected characteristics.  It can also occur when they are treated unfavorably say because they reported their employers in violation of certain laws. If you really feel that you are being denied equal rights then I would speak with an attorney in your area.  Good luck.


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