What do you think? Is this discrimination?

saresa19 · February 2012

I posted a couple weeks ago about my boss asking me to work 9-6 two days a week. I have been with this company 5 years, but recently transferred to a new location when I returned from maternity leave in January. The hours I negotiated are 8-5 two days a week and 7-4 two days a week. She never mentioned anything about 9-6. I told her no, it would not work for me.

Fast forward to this week, she basically told me I could work 9-6 my 8-5 days, transfer to a different location much further from my house or work on an as needed basis (PRN) thus losing my benefits. So I feel like I have no choice but to work 9-6. She is doing this to me so that she can potentially accomodate a new hire with no experience,but that can work later hours. This seems very shady to me. While there is email communication regarding hours, there is no written contract.

I really don't feel I am being treated as a professional, just a warm body with a license (I work in healthcare). Do I have any repurcussions here or do I just need to find a way 9-6 work? I feel like I am being discriminated against because I have a child? I am more upset with the way I am being treated than the actual hour change which I could make work if I have to ( and it seems I have to).

Your thoughts on this are greatly appreciated. I would have never transferred locations if I knew this is what I was getting into and I can't go back to my previous location.

KathrynMD · February 2012

I think your boss is being an.ass, but I'm not sure what it has to do w/ you having a child.

Unless you have a contract that says otherwise, it seems to me your boss is allowed to set your work hours however they want.

luvmagoldn · February 2012

KathrynMD:
I think your boss is being an.ass, but I'm not sure what it has to do w/ you having a child.

Unless you have a contract that says otherwise, it seems to me your boss is allowed to set your work hours however they want.

This. Your employer gets to decide work load, schedules, etc. If the employer is accommodating that's great. But in the end, you need to work the hours they set or find another job.

MammaBear81 · February 2012

mbenit4:
I agree it is very unfair but I don't get the discrimination vibe or anything.

I would meet with her or email her this: It appears as though I am being forced to work 9-6 because I do need my job. This will be at great expense to my family. Had I known this would happen I would not have transferred. I would like to be in consideration to work my previously negotiated schedule should those hours open up in the future.

ITA with this.. I negotiated a flex schedule with my boss, but if at any time it doesnt work for him he is allowed to change it (with notice so I can make arrangements). It has nothing to do with having kids, their business comes first.

daisy662 · February 2012

I love how people are so quick to throw out words like "discrimination" when they don't get what they want.

This is not discrimination. Your employer reserves the right to change your hours based on business need. You reserve the right to work somewhere else if you don't like it.

shouldbworkin · February 2012

MammaBear81:
I negotiated a flex schedule with my boss, but if at any time it doesnt work for him he is allowed to change it (with notice so I can make arrangements). It has nothing to do with having kids, their business comes first.

This, completely.

Maybride2 · February 2012

Why do you feel like you are being discriminated against because you have a child? Personally, back before I had children, I felt like I was being discriminated against because I didn't have children since I always got stuck working the late shifts and holidays.

Being asked to work until 6 sucks, but it's not discrimination. Can your spouse pick the kid up from childcare those days? You'd be getting home late, but you'd be going in late too, so you could spend the extra time with your kid in the morning.

MandG2010 · February 2012

Only HR at your company can effectively answer this question. Print off the emails of the discussion on hours and make an appointment with HR.

ElopeToHawaii · February 2012

I don't see how you are being discriminated against. Your employer sets your work hours and can change them if needed. I think it's crappy that she agreed to one set of hours but now wants to change them, but it's not discrimination. I understand that you've been with the company 5 years, but you are new to her location, so to her you are a new employee. If late hours are tough to fill and the new hire can work them, I can see why she'd want to switch your schedule by an hour to accomodate someone who can work tough-to-fill hours.

I understand that the 1 hour shift is significant when you have kids, but to her she probably sees it as just one hour and why can't you do that? If she's already given you your choices I think that you have to chose one of the 3 options she's given you. I would tell her what your preferred hours are and if the opportunity comes up to work those hours you'd like to switch back. I think that telling her what an inconvenience this is for your might make you feel better, but it won't make your work situation any better so you should probably keep it to yourself.

mrsseguin · February 2012

daisy662:
I love how people are so quick to throw out words like "discrimination" when they don't get what they want.

This is not discrimination. Your employer reserves the right to change your hours based on business need. You reserve the right to work somewhere else if you don't like it.

I totally agree with this.

saresa19 · February 2012

Thanks for the advice. I appreciate the perspective. This gives me a really good idea of what conversation I need to have next. I am new to this working mom thing

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What do you think? Is this discrimination?

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