Does a single mother have right to a better shift than a married man?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does a single mother have right to a better shift than a married man?

Asked on December 27, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The law prohibits any sex-based discrimination, which means both treating women better than men as well as the more common treating men better than women. Therefore, all things being equal, the employer should treat a single mother better than a married man.

However, that said, if all circumstances aren't equal--if, for example, owing to child care needs, she can only work on particular shift, while he has more flexibility--an employer may be able to take that into account; in that instance, it is making a decision based on specific circumstances and employee availability, not gender. This is similar to how an employer could choose to accomodate an employee who is also a student by scheduling around classes. Therefore, while in a general sense, the employer may not do what you ask, in specific situations, it will come down to the facts and whether the accomodation is based on employee need, not gender.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption