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Can our boss do this?

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  • Can our boss do this?

    I have a co-worker who has been trying to go to a four day work week for over a year. When my co-worker started in this department she did inquire about that type of schedule. She was told point blank, by our manager, that no one else in our department would be allowed to work a 4 day schedule. Our department consists of 5 people;one quit and one was downsized. We downsized to 4 people in August 2005. The person that was downsized worked a 4 day work week. At that time, my co-worker asked if she could take the hours of he person that ws downsized. She was again told no. A new person was hired in July 05 to replace one of our co-workers. We had our yearly reviews in November 2005. My co-worker again inquired about the 4 day work week and was again denied. January 2, 2006, the newest member of our team, asked for a 4 day work week and our boss appoved it on the spot. Needless to say, the co-worker who had requested the 4 day work week was devastated. When she went and asked why she was denied, she was then spoken to very badly and in a very unprofessional manner by our boss. We all have the same title with all being equal but seniority. Is there any kind of protection against this type of treatment. His response was he forgot she wanted that type of schedule.

  • #2
    Unless she has a valid reason to believe that she was denied the alternate schedule and the other employee approved it BECAUSE OF her race, religion, national origin or membership in another protected group, this falls into the unfair but not illegal category.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      If the person that was granted the short work week was a man and your friend is a women then you could make a case of sexual discrimination

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      • #4
        Not without some proof that the one was granted it and the other not BECAUSE he was a man, she couldn't.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Quit possibly if this were not an isolated incident by this one supervisor and it is a reoccurring theme it could be proved that there is a disparate impact. I don't know enough about the particulars of the case, but it is an angle to look at.

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          • #6
            There is nothing in the post to suggest that employee who was allowed to go to a 4 day work week was a man, let alone that that there was a pattern of gender discrimination.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              The parties involved are all female. The manager is male. The co-worker who was denied thinks it may be related to her age because she is over 50.

              Comment


              • #8
                If she feels that she was declined a four day a week schedule BECAUSE she is over 50, she can file a complaint with the EEOC; however, there is nothing in your post that suggests that is the case.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment

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