A worker can be greatly impacted by what shift assignments they are given. Thus, it can be very disheartening for a worker when their employer shows favoritism to other employees in shift assignments, leaving them with less desirable shifts. A worker may wonder if there is any legal recourse they have in relation to such favoritism.
The availability of legal recourse depends on the situation. While it can be distasteful, blatant favoritism in shift assignments isn’t inherently illegal. There are certain things though that can make such favoritism against the law. One is if the favoritism is based on unlawfully discriminatory reasons.
Federal law prohibits workplace discrimination based on factors such as race, national origin, color, age, disability, religion and sex. When an employer disfavors or favors a given employee in shift assignments based on one of these factors, it generally constitutes illegal discrimination. As a note, as with many rules regarding employee rights, there are exceptions.
When an employee has been the victim of illegal employment discrimination in shift assignments or other job-related assignments, there are legal actions available for seeking to redress the wrong. Individuals unclear on whether actions their employer took would be grounds for a discrimination claim should discuss their situation with an employment law attorney.
Challenges sometimes arise when pursuing discrimination claims. One example are challenges in proving that an employer’s actions were based on discriminatory reasons. Employment lawyers can help employees with addressing proof-related challenges and other challenges that can arise in relation to discrimination claims.
Source: U.S. Equal Employment Opportunity Commission, “Prohibited Employment Policies/Practices,” Accessed Dec. 8, 2015