I am 54 years old and have worked for over 3 years for this employer on a part-time schedule of Monday, Tuesday and Wednesday. The employer wishes to change my schedule by dropping Wednesday and having me work Thursday instead. This is a hardship for me as I take care of my disabled sister and have many appts set for Thursdays and Fridays through January of 2005. There is another part-time employee who is a young mother who works Tuesday, Wednesday and Friday. She started about one year after me and we both do the same job. I suggessted that they have the other employer change her schedule from Wednesday to Thursday as I have more seniority and have a hardship with this schedule change. My employer stated that the other employee can not change because she doesn't have a babysitter for Thursday. I feel that just because I am an older worker without small children to accomodate that I am being forced to make a change that presents a hardship to me. I work in a medical office that employees approximately 30 employees. Both this other employee and myself are good workers who show up on time and do not call in. We are equal in our skills and job status so that has nothing to do with the decision. I just feel it is unfair. I would appreciate any advice you may have.

You may have protection under the Americans With Disabilities Act (ADA). Under ADA, an employer may not discriminate against a person who has to care for a person with a disability. In other words, if they don't offer you the same time off that they would for a person who had an illness, they may be violating disability discrimination laws. You can read more about disability discrimination at: eeoc.gov. Note: Not all employers are required to comply with ADA. It is applicable only to employers with 15 or more employees.

My suggestion is that you talk with your employer, letting them know that you are requesting accommodation under ADA (assuming that they are required to comply with the Act). They may not be aware of the law and their requirements for compliance. If they are not required to comply, you can appeal to their sympathies.

Please let me know if you have any other questions.