Is scheduling me outside of my availability when I don’t have childcare discrimination.

UPDATED: Sep 30, 2022

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Is scheduling me outside of my availability when I don’t have childcare discrimination.

I’ve worked at the same place for almost 3 years. My latest boss has been here for 6 months or so. Lately she has started scheduling me outside of my availability which hasn’t changed. My availability exists because it’s when I have childcare available. I was told at one point that I had to close once a week, so I made arrangements outside of my availability to do that. But now she’s pretty much just scheduling me whenever she feels like it whether I’m available or not. I’m a single mother and my son’s father lives out of state, so I don’t have any help. I’ve worked a set schedule for at least the last 4 or 5 months and suddenly she’s changing it. I don’t know what I’m going to do.

Asked on December 14, 2016 under Employment Labor Law, Kansas


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

Answered 6 years ago | Contributor

Employment discrimination has to do with a worker being given lesser treatment due to their inclusion in a "protected class". Basically, this means that they are treated differently due to their race, religion, national origin, gender, age (over 40), disability, etc. Unfortunately, being a parent does not qualify. However, if your employer's actions violate the terms of a union agreement or employment contract, then you would have a case. Otherwise, you are an "at will" worker which means that your company can set the terms of your employment much as it sees fit. If this is not acceptable to you then, unfortunately, your only option is to quit.

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 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.

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