Legal Question in Employment Law in Nevada
Is this discrimination?
I work as a personal care attendant. I go to people's homes and assist them with day to day living. I have just lost hours (again) because I am male.
Several employees where I work are getting 60 plus hours per week, and my company is hiring, but because I am male, I am inelligible for assignments because the clientel preference is female.
I am just as qualified as the female personal care attendants, and have the same license as the female care attentendants, but am denied work on a regular basis based upon my gender.
I have been offered several assignments, only to later be told that I would not recieve them because I am male. This has caused me very much undue stress and aggravation, just trying to keep a job and maintain a 40 hour work week.
Is there anything I can do about this, besides taking a much less paying job?
1 Answer from Attorneys
Re: Is this discrimination?
I would be interested in speaking with you about a related issue, specifically whether you ever work more than 40 hours a week but DO NOT get overtime pay (time and one-half pay) but just your regular hourly rate. This is very common for home care attendants but I believe is contrary to the law and home attendants who work for agencies are entitled to overtime pay. As regards your question, I do not have a clear answer for you, but it is certainly possible that it might be held that being female is a bonafide qualification to care for a FEMALE client (I am unsure) but I do not see how it would be a legitimate requirement (bar a discrimination claim) if it was a MALE client you were caring for (just an opinion). You can email me at [email protected] about the overtime pay issue.
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