Discrimination? (factory food production, wearing scrubs)

[Auroradream26]

The factory I work at (food production) has decided that those of us who go out to our lockers on our breaks to use our cell phones are no longer allowed to do so without first removing the scrubs we wear over our clothes. My problem is, not all employees wear these scrubs. Some wear uniforms and are permitted to go in and out of the building on their breaks to smoke and whatever else. These people work in the same areas as those of us who do wear the scrubs and go through the same locker room to go in and out. Is it legal for them to refuse to allow us to go out there on our breaks when these other people are permitted or is it discriminatory.

[goddessoflubboc]

Yes, they have every right to make rules as they see fit. Is it discriminatory? Maybe. But since people who wear scrubs isn't a protected class, it's perfectly legal.

[Maryellen]

One would assume that the people that wear uniforms show up in those uniforms and quite possibly own them or need to return them upon leaving employment. Taking them off would present a hardship--to say the least. Do you pick up scrubs when you get to work? Are they yours? Taking them off isn't that big of a deal.

[Auroradream26]

The uniformed people are given their uniforms by the company and they do take them home but they are not a protected class. Just employees like the rest of us (trust me, my dad and uncle both work there and are uniformed). Each job there wears a different color scrub or a uniform. The scrubs are there for us when we get there BUT the reason for this policy is "they can get dirty" which standing in the hall is much cleaner than most of our work areas and far cleaner than outside at the smoke shack. This just doesn'console any sense. As for being a hardship, taking off the scrubs is more of a pain in the butt than you realize as you need to remove leg straps and steel toe shoes. It takes a good 5 mins to get into/out of them. When you only have 15 mins from the time you leave your post till you need to be back, it's quite a bit of a hardship.

[goddessoflubboc]

A "protected class" is a group of people against whom discrimination because of their class is illegal. These classes include race, creed, religion and disability.

As long as their rules don't unfairly impact a class as defined above, then the company can make whatever rules they wish.

If you don't like the rules they make, you are free to find employment elsewhere with rules more to your liking.

i know the chicken factory i used to work at has just been delt a class action lawsuit for not paying there employee's to get changed before and after clocking in or out, and on breaks. i would say its not discrimination but you may wish to go another route and look into labor laws possibly force them to extend your break to include changing time. or get rid of the rule most likely. goodluck

[goddessoflubboc]

It's a different set of facts. OP can't take their break in a certain place but can taker their break. Pay hasn't even entered that discussion.