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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18789
Experience:  Employment/Labor Law Litigation
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Rotation of the shift early &late one person has had early

Customer Question

Rotation of the shift early &late one person has had early shift for 15 months now finally no business need she is put on late shift rotation to be 6 months agreed upon by management and she indicates cannot due to daycare although management has indicated that is not criteria too not work the late shift she goes back to the early shift after only two months on late shift to earlier shift for 6 months? Discrimination?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 6 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. Shift rotation is not mandatory in the law. When there is shift rotation, the law does not mandate that it be done fairly or equally. You ask if this is discrimination, but really that is a question that has to come back to you. Just being treated differently is not illegal discrimination. Any time one person gets promoted over another, that is technically discrimination but not legally discrimination. So, the only way this situation is discrimination is if someone is being treated different AND the reason for that differing treatment is race, religion, gender, age, disability or recent medical leave (FMLA) use. Then the differing treatment would be illegal, not because of the treatment, but because of the motivation for that treatment. If there is reason to believe that the motivation here is illegal, then a complaint to the EEOC should be filed. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 6 months ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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