The scenario I'm imagining is a part-time job, where there's no sex discrimination in the actual hiring based on sex, but the type (and possibly) quantity of shifts available is restricted by sex. Most information I can find about employment discrimination is about the actual hiring, or the wages paid for the same amount of work; what I'm wondering about is the availability of shifts.

Say there are two types of shift that employees in the same role can be given; the scenario I'm envisioning is that one type of shift (think along the lines of lifting heavy things, or some job stereotypically associated more with men) is only given to male employees, while the other type of shift is given to both.

So, my question is, is this illegal?

And, if so, would it still be illegal if the sexes received the same number of shifts, just of different types? I could see an argument for either; on the one hand they're receiving the same number of hours (and thus pay), but on the other hand maybe you could argue "doing xyz" and "doing xyz and lifting heavy objects" are two separate jobs, each with discriminatory hiring.

  • 1
    It looks like Hamilton v. Dallas County may be relevant, as well as Dollis v. Rubin Commented Dec 11, 2023 at 15:58
  • 2
    These don't really sounds like different shifts as much as different jobs. In either case, I don't see why this wouldn't be unlawful sex discrimination.
    – bdb484
    Commented Dec 11, 2023 at 16:02
  • 1
    You mention shifts, but your details talk about jobs
    – Tiger Guy
    Commented Dec 11, 2023 at 22:01
  • @TigerGuy They're the same job, but they can be given two different types of shift. E.g., if you worked at a restaurant, and sometimes were assigned server, and sometimes were assigned cook. Commented Dec 12, 2023 at 17:00
  • @RadvylfPrograms that's not how these terms are used in the US. A shift means when you work, job means what you do.
    – Tiger Guy
    Commented Dec 12, 2023 at 23:56


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