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

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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

Answers:

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

Answered 4 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.


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