Judges sometimes use common sense. Take, for example, a recent case involving a woman who sued after her employer changed her days off so that she had to work six days straight.
Recent case: Belinda Grosskopf worked for the U.S. Postal Service and had a minor medical restriction that her doctor said couldn’t allow her to work more than five days in a row. When her supervisors changed schedules so she was forced to work six consecutive days, she sued, alleging disability discrimination. She used a sick day to get out of working the one extra day.
The 5th Circuit Court of Appeals tossed out her case. It reasoned that such a small schedule change wasn’t an adverse employment action, and employees can’t sue just because their employers tweak the schedules. (Grosskopf v. Potter, No. 07-51397, 5th Cir., 2008)