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Discrimination?


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  #1  
July 7th, 2011, 06:22 AM
LilBecca's Avatar Veteran
Join Date: May 2011
Location: Suburbs of Chicago
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Ok, so a couple weeks ago I had a really hard time doing my job efficiently at work (I work in retail as a sales associate). My bosses knew I was pregnant. I tell my supervisor I may need to have the ability to sit down when need be. So they say, ok but you need a doctors note. Fair enough, but then my other supervisor said they are moving me to another department, (which that part I agreed upon because mine is pretty hectic). But then she goes on to say they'll cut me to 4 hour shifts AND I saw my schedule for next week. I went from 16-19 hrs (PT only right now) to one day at 4 hours next Saturday. I'm still perfectly capable of working longer shifts, I just need to be able to sit down without getting yelled at. And another dept. helps because the stress level goes down. But cutting my hours I think is too far. I had NO issues with hours before all this happened. I'm what they call short hour, or less than part time, so within company guidelines, the number of hours are "legal" in my position. BUT like I said, I never had worked a week so short the entire time I worked there and problems only started after I told them I was pregnant. I brought it up and they did nothing about it. I know my rights as a pregnant woman, but would like an outside opinion if this truly sounds discriminatory to you ladies. And if need be, do you think I'd be able to bring this to corporate?
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  #2  
July 7th, 2011, 06:32 AM
Mega Super Mommy
Join Date: May 2011
Location: New Jersey
Posts: 1,364
It sucks, for sure! Is the company a large retail chain or a small privately owned company? The total number of employees makes a big difference as to whether cutting hours is legal as smaller companies can (however unfairly) get away with things like this. I work for a company with 30 employees, and while my company is great to work for, legally (in NY) they could let me go or cut my pay for working at home right now while my m/s is out of control. They never would do that to me, but legally they could. However if you work for a larger company, which it sounds like you do, you generally have more protections. The laws however change from state to state and may affect P/T workers differently that F/T so if it continues to happen, I'd call a lawyer in your state and get their advice.
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  #3  
July 7th, 2011, 06:38 AM
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It sounds like the department that they moved you to doesn't need you for as many hours as the one you have been working in did. Would it be possible to switch back to the original department you were in, or to find another department that you would be comfortable working in but could give you more hours?

It doesn't sound like outright discrimination to me, but hey, if you float that word out there a bit, you'll probably be given more hours. (You'll probably also alienate your superiors and create a somewhat hostile work environment, so I definitely wouldn't recommend it.)

I hope the company will work with you to find a department that suits your needs and can provide you with adequate work. Good luck.
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  #4  
July 7th, 2011, 06:41 AM
sarahmomma's Avatar Momma to 4
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Location: Canada
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It definitely sounds like they are discriminating against you but I will tell you that if the cut in hours is legal you will have a hard time proving your case should you try to proceed with any legal action. Unfortunately although we are told we have all these rights when it comes down to it most employers know how to work the system to their advantage. The only thing you can do is prove that the new department is less stressful to you and that you are better able to handle your shifts so that they start giving you more hours again and for now make sure that your coworkers are aware that you are willing to pick up extra shifts if they need a day off or anything like that.
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  #5  
July 7th, 2011, 06:58 AM
jesridge's Avatar Mega Super Mommy
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Quote:
It sounds like the department that they moved you to doesn't need you for as many hours as the one you have been working in did.
I'm thinking that's the case too.

I would suggest talking to HR about what you can to do remedy the change without any hostility or arguments, and find out if what they are doing qualifies as discrimination.
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  #6  
July 7th, 2011, 07:32 AM
-3-Hearts's Avatar She's Country.....
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Posts: 9,084
talk to hr about it. when i was pregnant with ds, my boss told me that he would cut my hours down tilli was either working only an hour a week or i quit :/ he was a serious ****. he also said that you cant sue over it if they fire you because they can claim you are unable to do the job you were hired for. TALK TO SOMEONE ABOUT IT BEFORE IT GETS TOO FAR!!
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  #7  
July 7th, 2011, 02:00 PM
LilBecca's Avatar Veteran
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Well, I talked to hr today about my hours and it has nothing to do with the new dept. I'll be in because my cut hours were for my old dept as I don't begin in my new one until after next week. They asked if I felt I was being "discriminated" against. I told them discrimination was too strong of a word, more just treated slightly differently and I wanted to know why. And I explained I just can't live off of 4 hours a week especially with a baby on the way. She said she understood and would make sure I would be given a few extra hours next week. I brought up the whole accomodation thing and she said as long as there is a dr's note and I'm not requesting to sit my whole shift, the company will be able to accomodate me. And she said if my hour cuts continue, to talk with them again. She also told me I will be averaging about 17-19 hours a week in my new dept and if it's any lower than 13, that was a problem. So... hopefully this solves my issues. And my boss was super nice to me today. Weird how that happens huh? Thanks for all the advice ladies!
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Last edited by LilBecca; July 7th, 2011 at 02:03 PM.
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  #8  
July 7th, 2011, 03:29 PM
BobbityBoo's Avatar Platinum Supermommy
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I'm glad you talked to HR and she gave you a positive answer. Hopefully, it all works out and settles down!
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  #9  
July 7th, 2011, 03:38 PM
MarinaAndCharlie'sMommy's Avatar Platinum Supermommy
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Location: Louisville, KY
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So glad HR was so supportive! That's awesome! Hope you don't have any more issues with your job.
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  #10  
July 7th, 2011, 04:50 PM
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Sounds like your HR department is great. I hope they keep your hours up. Good for you for going in and having the issue addressed!
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  #11  
July 7th, 2011, 08:02 PM
white.house's Avatar Kelli
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Location: Southeastern, USA
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Glad you took it up with HR and got it worked out!!
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