Software development manager, salaried non-exempt. Working same hours since December 2015. Single mom that shares custody so have to come in and leave different on the days that I have my kids but work more than 40 hours a week. My boss knows of my situation and it has not been an issue until recently. I have had no performance issues and no formal talks or informal talks about the work I am doing. Recently, my hours are being watched and I have been told that they need to be a set schedule each day. I would have trouble with this because of being a single mom. Is this discrimination?
Being a single mother is not a "protected class" for purposes of discrimination law. However, if your employer treats you differently than single FATHERS who share custody, that would be sex discrimination.
This answer is based on federal law, and there may be provisions in Colorado state law that would provide additional remedies to you. You need to speak with a Colorado employment law attorney as soon as possible to get definitive legal advice.
I'm licensed to practice law only in Indiana, so if you're in another state, I can't give you "legal" advice. My answer is simply "friendly" advice based on my experience as an attorney in Indiana, my knowledge of federal and common law, and common sense. Even if you are in Indiana, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. It doesn't create an attorney-client relationship.
While I believe what you have described may be illegal, I really don't see how you have been damaged at this point. As it stands right now, it ain't a really exciting lawsuit.
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