Does an Inconvenient Work Schedule Qualify as Employment Discrimination?
As Ohio employment lawyers, employment discrimination is one of the more common cases we handle. While discrimination often appears straightforward, however, not everything that seems unfair is illegal discrimination. This article explains what can be classified as employment discrimination while focusing on inconvenient work schedules.
Indeed, you deserve an opportunity to work in a safe environment without being discriminated against due to your religious beliefs, sexual orientation, or national identity. Unfortunately, many Americans do not receive this opportunity.
A 2019 study by Glassdoor revealed that 42% of Americans have witnessed or experienced discrimination based on gender. Another 33% reported that they had experienced or witnessed discrimination because of their LGBTQ status. Therefore, it is crucial to know what constitutes employment discrimination.
What Is Employment Discrimination?
Discrimination is a common phenomenon for many people who live in the United States, and there is a decent chance that you have either personally experienced it or seen it happen.
There are federal and state laws that protect you from being discriminated against. According to Ohio employment law, your employers cannot discriminate against you based on factors such as:
- Age
- Disability
- Race
- Religion
- National identity
- Military status
- Sex
- Color
- Sexual orientation
- Gender identity
- Genetic information
A form of anti-discrimination law covers almost every employer in Ohio, including yours. For example, laws such as the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), the Age Discrimination in Employment Act (ADEA), and the Equal Pay Act all regulate the activities of employers.
Employment discrimination can take numerous forms. For example, an employer could decide against hiring you because of your religion or ethnicity. Others could make a policy that could make it difficult for you to continue working when you become a parent.
Can an Inconvenient Work Schedule Count as Employee Discrimination?
Although our jobs are a significant part of our lives, we understandably have other things we are involved in. This could be spending time with our loved ones, volunteering for a cause, or caring for a sick person. Unfortunately, your jobs may prevent you from doing some of these things, causing you to request a flexible schedule from your employer.
However, there are no guarantees that your requests will be granted. When this happens, how do you know that your employer’s refusal to give you a flexible work schedule is not discrimination?
The first thing to note is that your employer is within their rights to refuse your request for a flexible work schedule. While you have reasons to want some flexibility, they need to ensure it does not affect productivity. Therefore, simply having an inconvenient work schedule is not discrimination.
Regardless, some things could constitute discrimination. For example, if your work schedule becomes unbearable after filing a complaint, you may be able to claim discrimination. But, even at that, it is crucial to get the opinion of an Ohio employment lawyer with a solid understanding of Ohio employment law.
What Damages Am I Entitled To In an Employment Discrimination Case?
If you want to bring an employment discrimination case against your employer, you may wonder what damages are available to you. Suppose you lost your job for filing a discrimination complaint. Then, you might want to know if you could be reinstated at your job.
There’s a chance you could be reinstated at your old job. However, there is the potential that the relationship with your employer might be soured at this point, making many judges unwilling to order this.
Regardless, you can receive compensatory damages covering economic and non-economic losses. Examples include lost wages, pain and suffering, and emotional distress.
You may also be able to receive punitive damages. Like most cases, punitive damages are intended to punish the Defendant and act as a deterrent for others. Usually, it is reserved for serious offenses.
Are There Deadlines for Filing an Employment Discrimination Case in Ohio?
If you suspect that your employer has been discriminatory towards you, you’ll have limited time to level a claim. So, while you may be confused, you can speak to an Ohio employment lawyer to get some clarity before making a decision.
If you wish to file a claim with the Ohio Civil Rights Commission, you must do so within two (2) years from the date the discriminatory practice occurred. Under federal law, you have up to 300 days to file a claim with the Equal Employment Opportunity Commission. However, your claim may have shorter deadlines, so you should consult with your lawyer as soon as possible.
Hire an Ohio Employment Lawyer to Help With Your Employment Discrimination Case
While some discriminatory actions may be instantly visible, many are not — and getting clarity on whether an action taken by your employer can be classified as employment discrimination is crucial. Therefore, it is best to speak with an Ohio employment lawyer at Hux Law Firm.
