Most employers across America set a strict schedule for their employees to clock in and out every day. If these hours amount to inconvenience — such as in cases of disability or caring for young children — does this inflexibility count as workplace discrimination?
While inflexible work schedules are still a gray area in American equality laws, some cases of inconvenient working hours could classify as discrimination. In these instances, you have the option to file a claim with one of our employment attorneys to help.
Although flexible work schedule acts have been proposed, neither the U.S. government nor the state of Pennsylvania currently has any specific flexible work protections in place, such as those in the U.K.’s Equality Act 2010. However, courts have sided with employees on several occasions who have claimed direct or indirect discrimination for inconvenient working hours. In addition, some acts have been put in place to protect against discrimination due to inflexibility. Consider the following examples:
The 2018 case Gibson v. New York State Office of Mental Health is one instance in which a court ruled in favor of the employer after the denial of a schedule change.
In this case, the employee claimed she was discriminated against after she was granted custody of her grandsons. She requested a change from night shift to day shift to care for them and claimed discrimination due to age and sex when her request wasn’t granted.
Based on this precedent, a denial of a schedule change cannot typically be counted as discrimination. The employee wasn’t subjected to an inconvenient change in the workplace — while her lifestyle outside of work changed, she was unable to prove that her employer objectively caused the adverse effect.
Because no specific flexible working arrangement policy exists in the U.S., it can be challenging to navigate the nuances and determine whether your inconvenient working hours are actually a form of discrimination. It’s wise to seek the expert knowledge of an attorney experienced in federal and Pennsylvania employment laws to determine if you have a base for a claim.
At Weisberg Cummings, P.C., our attorneys have more than 40 years of combined experience helping people like you understand workplace discrimination and work through the claims process. Contact us today to get started.
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