Legal Question in Discrimination Law in California

I was recently asked by my employer about my schedule and why I needed certain shifts. I told her that I needed that particular shift because I had my kids on the weekends and no sitter available during the evenings. I was told that as a manager I could not be allowed to have a modified work schedule that I needed to have an open availablity. I was told,"No one in the company in your position has a modified schedule". My option was to gradually transition into an open availability. With the fear of losing my job I made the sometimes rough transition. Months later a coworker of mine was promoted to the same position that I hold. She accepted the position under the terms that she would still be able to take a certain day off every other week for child care reasons. Around the same time another female coworker was given the same postion and accepted under the terms that when her husband went out of town she needed to have a day shift because she needed to be home in time for her children. As a male I think that I am being discriminated against because the two women are given beneficial treatment as caregivers while I have been flat out told I can not. Is there enough here to file a complaint of gender bias or sexual discrimination on the grounds that my female boss recognizes the needs of mothers as caregivers over the needs of fathers in the same role?

Asked on 1/24/13, 11:05 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services
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It certainly "smells" like gender discrimination. I suggest you contact an experienced local employment law attorney.

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Answered on 1/25/13, 10:32 am

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