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2nd Trimester
joyfulgirl1
member
Pregnancy Discrimination: Alive and Well!
joyfulgirl1
member
About a month back, I asked my boss for a raise. In a back-talking, roundabout way he said no because I am pregnant (but of course I can't prove it.) A few days ago, I met my replacement who I am training next week. She has been told she will be taking over my job when I leave. I obviously have to leave to have the baby (unpaid) but I never said I wasn't coming back at all. My boss doesn't think I will want to come back because I should be taking care of my baby. That is not his decision to make! Then, I find out that he has been saying some pretty negative and hurtful things about me. Including things like, "I can't have a pregnant woman working here. They are just too unstable. What if she has to go on bed rest?" Yes, what if I do? That would be a devastating and terrifying thing for me and my family and a minor bump in the road for your company! Long story short, the company is too small to be governed by any federal laws and since I can't really "prove" anything he has said and he hasn't denied me any leave, CA law is little help as well. This guy is a class A douchebag and he is going to get away with it!
So, I write to vent but also to warn you. Pregnancy Discrimination is out there, so BEWARE!
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Re: Pregnancy Discrimination: Alive and Well!
Bar tab = $156,000, Bus to Foxwoods = $0, Puking in the Stanley Cup = Priceless
Sounds like her office is too small for FMLA...there has to be something like 50 employees.
Sounds like she isn't protected by FMLA because company is under 50 ee's. Discrimination is discrimination though so like another poster said start documenting. Do you have an HR person? If so you should consider talking with that person. It's is very inappropriate and I am sure illegal (some law) that your replacement has been hired and told you were not returning. Although you are not protected by FMLA pregnacy discrimination is illegal (I think under American with Disabilites Act) his behavior is unacceptable and illegal.
Document, document, document.
You can always contact the ACLU or another local attorney.
Sorry. That sucks!
My FMLA paperwork does have a short paragraph that says the company can choose not to reinstate me if it will "cause financial hardship to the company." So I can get fired while on FMLA.
This, especially the not-training your replacement. I'd rather serve coffee at starbucks than work for someone like that.
Starbucks offers health insurance for t's employees, so it's not a bad job! And it's a job I too would rather have than working for a buttface like that.
That is awful and I feel so bad that you are going through this. My boss is not "pregnant" friendly and I work under a woman (with no kids). Discrimination of any kind is illegal, so please start documenting. I hope it works out for you, whatever decisions you decide to make.
I work for a very family friendly place, but all the worst comments I got were from female employees in their 60s+. I constantly got a guilt trip for leaving them to take a promotion and they never SHUT UP about how I was probably going to be inconveniencing them by taking the job. When I mentioned my pregnancy before starting but after accepting the job, and they were fine, one in particular said that they were "just being nice."
Luckily, my new office really doesn't care. My boss is a very family oriented, active Mormon church-going type, and she constantly asks me about my appointments and talks about how babies are such a blessing (she has 4 grown children, one grandchild, and another grandchild on the way).
This guy sounds like a douchebag, but sometimes the comments from women are even worse. I swear that women sometimes are their own worst enemies.
I'm sorry to hear this and completely understand. It's amazing how many employers try and get away with unfair treatment.
First, check into your state's disability laws. In Iowa, pregnancy is protected under the disability act as long as a company has 4 employees and a women is guaranteed 8 weeks off!
Second, document everything. They have to let you come back and if they don't, you can sue them! There are a few free organizations out there that help people deal with discrimination. You can always check with your local community action program if you have one. Good Luck!!! I'm sorry you have to deal with this!!
https://employment-law.freeadvice.com/employment-law/california-disability-pregnancy-leave.htm
This would help if you had to go on bedrest or anything like that. You are covered as long as your company has at least 5 employees.