Is it discrimination if an employer requires all nurses to work every other weekend, but allows one nurse to choose the 3 days she wants to work and never has to work a weekend?
During this nurse's hiring interview did she/he make the employer aware of specific circumstances that would only allow this nurse to work this way? Did the employer agree that the need for the nurse was greater than the mandatory every other weekend? If the answer to these questions is yes then there is not any discrimination. However, there is jealousy by the others that they didn't think of asking specifically for their needs first.
Not if the nurse has a medical issue that requires s/he work only certain days with time in between to rest, and is receiving treatment on the weekends as there is no other time both to have it and recover from it. Not if the nurse has a letter from his/her clergy saying that both the weekend days are sacred in the nurse's faith and must be observed. HOWEVER... that said, do you have a written union policy at your hospital (or a written non-union policy) stating nurses must work every other weekend? If that is in place, unless there is a medical or religious reason for not working the weekend, then the manager is in violation of hospital policy as is the nurse with the no-weekend schedule.
Hi. With out more details, Yes, I would call this discrimination. However, I need the whole story and you do too. Facts to consider and explore: Is this person a charge nurse, does the medical center have a nurse union, is there some pre-agreed upon religious or medical reason for the schedule, is the agreement temporary. The only way to truly get help with this is for a group of you (four or more) to confront management with your concerns. Ask why the person has such a different schedule. Remember to use chain of command. Be respectful. Decide on your approach prior to meeting with management, have a group spokes person who is articulate and not emotional. Have someone take notes. Once each meeting has ended, email the lead person the group spoke to saying something like" Thanks for meeting with us to listen to our concerns. Attached is a summary of the meeting. Please reply back that this is an accurate account of what was discussed." In addition, copy every meeting attendee and send a copy to your personal email, as emails have a habit of disappearing from company computers. Repeat these steps as you move up the chain of command.
It is called disparate treatment because everyone is not treated equally. It is a form of discrimination. Check Internet for examples.
