Wage discrimination

[tico]

Washington.
I work for a firm with 150 employees. My employer offers those who come to work between 11am and 7pm the added benefit of 2 extra paid vacation days per year. Those employees who can only work 9am to 5pm are not offered the same benefit. Is this practice legal??

 

[Beth3]

Yes, it's perfectly legal. No, this is not discrimination. Your employer is offering a benefit to those employees who work the less desirable work schedule. If you'd like the two extra days of vacation, you're free to work the 11am - 7pm schedule as soon as there's an opening. If you can't or won't because you prefer to have your evenings free, that's not your employer's fault.

 

[tico]

What if 60% of the individuals who work the later schedule are men and that in general it descriminates against women who have children and feel it necessary to work earlier schedules?

 

[Beth3]

1. Parental status is not protected. Employees with children do not have to be given special consideration over those who don't have any.

2. So what if 60% of the employees who work the later schedule are men? That's not remotely evidence of discrimination. Slightly more men than women may find it more convenient to work the later schedule.

You need to give this up. It's extremely common for employers to offer some sort of "shift premium" to those who work a less desirable schedule. Many provide a monetary additive to those employees' pay. Your employer has opted to provide a few extra vacation days instead. Very creative of them and it's not a bad idea at all.

 

[Beth3]

By the way, more female employees CHOOSING to work the earlier schedule because of personal needs is not discrimination. It's simply a choice they made for their own convenience.

 

[BelizeBreeze]

But what if the 60% of the workforce on the later shift wear boxers and belch repeatedly while watching football on their breaktime?

 

[Beth3]

Then they're just typical men.