If your organization operates several shifts to get its work done, you probably have a system in place to make sure shift assignments are drawn up fairly. If you don’t, consider implementing such a system now.
Unless HR has a handle on how shifts are assigned, a vindictive supervisor could use undesirable shift assignments as punishment. And that’s an invitation to be sued for retaliation or discrimination.
Recent case: Gerald Jackson, who is black, worked at a correctional institution and was assigned to a shift he didn’t like. He immediately cried discrimination and told his story to local news media. Later, he filed a race discrimination lawsuit.
The employer got the case dismissed because it showed the court that everyone underwent regular shift changes, not just Jackson. The shift changes were routine. (Jackson v. The Geo Group, No. 08-12128, 11th Cir., 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- DOL targets West Coast fast food franchises for wage enforcement
- Employers don't have to be right--just honest
- Chicago firefighters' case burns on--focus still on allegedly biased promotion tests
- Big win for employers in disability bias case