HR Compliance Library, ¶36,550, Was not offering all employees the chance to use compensatory time for personal reasons discriminatory?

摘要

Margaret, an African-American employee in the city's Parks and Recreation Department, asked herrnsupervisor for the opportunity to use compensatory time so she could occasionally be absent during regular workrnhours to address personal responsibilities, such as caring for her children when she does not have a sitter. Herrnsupervisor, Sarah, rejected the request, explaining that Margaret's position has set hours and that any absencesrnmust be under the official leave policy. After Margaret filed an EEOC charge alleging that she was denied thernopportunity to use compensatory time because of her race, an investigation revealed that while the city does notrnhave an official compensatory time policy, several white employees in Margaret's position have been allowed tornuse compensatory time for child care purposes. When asked about this discrepancy, Sarah merely respondedrnthat those employees' situations were "different." The investigation also revealed that while white employeesrnhave been allowed to use compensatory time, no African-Americans have been allowed to do so. Is Margaret’srncomplaint valid?