If an employer applies conditions of reduced pay for a flexible working application is this sex discrimination

Question

If an employee applies for night duty only to care for disabled children in the day time and the employer says yes if you take a pay reduction (no unsocial hours/night enhancement payments)?

The employer does not apply the same rules to any other staff member working nights only. I would be the only member on low pay on night duty because of a flexible working application.

Answer 1

It may be, but it probably is not sex discrimination. Generally, if the employer applies the same pay practice to everyone on the same shift, then it is not discrimination.

However, the leave laws and the disability discrimination laws may provide some assistance to you in your situation.

Answer 2

If the employer would treat the employee the same way, no matter the employees gender, it isn't sex discrimination. If the employer would put the same stipulation on all age groups, it isn't age discrimination. If the employer has different pay scales for different work hours, and all employees are paid according to this pay scale, no discrimination is involved. The question an attorney will ask you is, why does the employer want to pay you less if you choose to work nights instead of days?

Answer 3

I don't think it counts as sex discrimination, though it might count as some other form of discrimination, such as failing to meet needs of the disabled.

Flex time is really at the discretion of the employer, and there is no law that requires that any employer provide flex time that I am aware of. Employers simply need to adhere to the basic no discrimination in hiring policies. That does include making proper adjustments to accommodate the disabled.

Just my .01

-dh