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View Full Version : No school allowed, AZ Arizona


azazil
07-20-2006, 12:18 PM
A friend of mine was recently told that she would not be allowed to attend school this upcoming semester due to a shortage in staffing. When she was hired on with the company a year ago, she was a student then and made them well aware that she still had 2 years left of school. Is this legal?

mommyof4
07-20-2006, 12:27 PM
Yes, it's legal. Her employer does not have to make concessions for her to attend school (or anything else that might interfere with her employment, as long as it is not a legally protected right, for that matter). Can she not attend evening classes?

azazil
07-20-2006, 12:32 PM
She offered to take night classes - its a retail environment so they denied that as well. They are making concessions for her coworker however. He is able to work all mornings because of a situation with his son and daycare. Isn't that unfair?

mommyof4
07-20-2006, 12:34 PM
She offered to take night classes - its a retail environment so they denied that as well. They are making concessions for her coworker however. He is able to work all mornings because of a situation with his son and daycare. Isn't that unfair?
Unfair is not necessarily illegal. As long as she is not being treated differently because of a legally protected characteristic, this is perfectly legal. As you stated that the restriction is based on being short staffed, that is a perfectly acceptable reason to not work out the schedule she needs to attend class.

azazil
07-20-2006, 12:38 PM
Ahh! Now what if I told you she was Hispanic and her coworker is Caucasian?

mommyof4
07-20-2006, 12:41 PM
Ahh! Now what if I told you she was Hispanic and her coworker is Caucasian?
Still have to have PROOF that is the reasoning. How is she going to prove that? She would need to find an example of someone that is in the same position as she is, who is NOT Hispanic, that is being treated more favorably than she is with the SAME ISSUE. The man may have been there longer, or maybe the company feels that it is more important for the man to work out child care issues. There are no laws that forbid that. So, the answer stays the same. It is not illegal. If she wants to continue to attend school, she needs to find another job with a schedule that will mesh with her educational schedule.

Marketeer
07-20-2006, 12:42 PM
She'd need to demonstrate that the reason she's been treated in a disparate manner is because she's Hispanic. Nothing you've posted indicates that that's true.

azazil
07-20-2006, 12:43 PM
Interesting...Thanks for all your help!

mitousmom
07-20-2006, 03:43 PM
She'd need to demonstrate that the reason she's been treated in a disparate manner is because she's Hispanic. Nothing you've posted indicates that that's true.

An individual doesn't really need to demonstrate or prove that the reason for the disparate treatment is because of a protected factor to file an administrative complaint with EEOC or most human rights agencies. However, the individual should be able to provide facts that suggest that a protected factor may be involved.

If the employer allowed the caucasian male to schedule his working hours to accommodate his need to go to school or work a second job or for a comparable reason, the facts would suggest the possibility of illegal discrimination. However, I don't equate accommodating parenting needs with attending school or having a second job.

Nonetheless, your friend can always ask the employer why it views her situation differently than it views that of the male with a daycare problem and why he isn't suffering because of the staffing shortage.

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