Is this discrimination?

Question

I worked security for company A for about 4.5 years. I am actually contracted out to work at company B's location. One more than one occassion, I have been promissed a shift, but everytime it comes open, a new guy gets the shift. I have a medical reason, and I want to go to college, so I need the shift I was promissed, but the new guy always gets it, and only on one occassion had a reason to need it. What should I do?

Answer 1

Unless you are in a protected job category, there really is no discrimination. But I would like you to consider these facts:

1) Take a look at your employee handbook. What does it say about getting transfers. Are they based upon seniority.
2) Did you apply for a change in shift through the appropriate steps. For instance, have you put the request in writing?
3) Have you asked the supervisor why you are being bypassed?

I work in security as well, and certain shifts are more busy than others. And many of our security guards do not have the skills necessary to work on that shift. For instance, some people cannot handle the pressure of the busier shifts, and others do not have the people skills necessary, or have ticked off someone on that shift.

I'd recommend sitting down with the supervisor and politely and calmly ask him why you have been bypassed, and what you would need to do to be able to be transferred.

I also see that you are claiming a medical reason. You may have a valid case for a reasonable accomodation, under the Americans with Disabilities Act (ADA), if you doctor can provide a medical reason for you need to be transferred to the other shift. In other words, is there a valid medical reason you cannot work the other shift. If it is only because of schooling, that does not qualify. But if it is due to a medical condition in which certain hours affect your job performance, it may qualify as part of the ADA.

But you should note that ADA only applies to employment when it substantially limits activities both in and out of the job. If it only affects you with your job, it cannot qualify for ADA protection.

Good luck to you. I sure hope that your superisor will allow you to transfer shifts.

Answer 2

Talk to the person that assigns the shift and ask them if there's something you can do to make sure you get it next time it's open. If youre not getting anywhere, consider moving to another job. It doesnt sound like discrimination though. Maybe someone has something against you? Have you offended anyone?

Answer 3

Since you don't say if your black, white, fat, or ugly it's hard to say if it is discrimination.

Maybe your boss doesn't like you.
Or maybe your so good at your job that he really wants you to stay where your at.

Talk it over with the person who makes that decision
and ask them WHY?

Answer 4

I concur with the previous answer.