Comments on: Who won this case? She sues over switch to less-desirable schedule http://www.hrmorning.com/who-won-this-case-she-sues-over-switch-to-less-desirable-schedule/ Your daily dose of HR Wed, 17 Mar 2010 21:49:46 -0400 http://wordpress.org/?v=abc hourly 1 By: Sue D http://www.hrmorning.com/who-won-this-case-she-sues-over-switch-to-less-desirable-schedule/comment-page-1/#comment-3228 Sue D Mon, 10 Nov 2008 22:51:41 +0000 http://www.hrmorning.com/?p=323#comment-3228 I'm not a bleeding heart here, but I can understand where she would see this move as a type of discrimination. And it could affect her job adversely, being a single parent. I would have to understand the business and the culture more, as well as the employee, to distinguish whether or not retaliation is going on. Hopefully the courts did that. Based on the rationale in the article, (below), this would harm the employee's career if child care couldn't be arranged for. This may be a stretch, but if she had been exempt from weekends before, there could have been a good reason. "A court ruled a change in schedule doesn’t meet the standard for retaliation. The case hinged on the definition of “adverse action” - something done by an employer that harms an employee’s career. Such an action is illegal when it’s in retaliation for filing a harassment or discrimination complaint." I’m not a bleeding heart here, but I can understand where she would see this move as a type of discrimination. And it could affect her job adversely, being a single parent. I would have to understand the business and the culture more, as well as the employee, to distinguish whether or not retaliation is going on. Hopefully the courts did that.

Based on the rationale in the article, (below), this would harm the employee’s career if child care couldn’t be arranged for. This may be a stretch, but if she had been exempt from weekends before, there could have been a good reason.

“A court ruled a change in schedule doesn’t meet the standard for retaliation. The case hinged on the definition of “adverse action” – something done by an employer that harms an employee’s career. Such an action is illegal when it’s in retaliation for filing a harassment or discrimination complaint.”

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