discrimination at work?
so i told my work today that i am pregnant.. its a new job that i just started this week. i called my manager to ask him how i should go about scheduling my dr appointments and said they are going to be once a month since i am pregnant. he told me to call another office coordinator and she told me i would just have to find coverage.
later today..
the actual office manager who manages all of the offices in the practice called me and said well hey, i think a congratulations is in order! i was like okay wow, this is going better than i thought, not so much.. she then proceeded to say well how far along are you? i told her well im 4 months, she was like 4 months amanda?? wouldnt that have been some helpful information in the interview?? she said, ive hired a pregnant girl before, she said but there was a full time and a part time position available and you said you wanted the full time one so we gave it to you, she said if you would have told me that you were pregnant in the interview, i WOULD NOT have given you the full time one, if any job at all. she was like, i dont have the time and cant afford to start the hiring process again and train someone for your position only for them to work it for 3 months, keep in mind we have 9 offices in close range of each other where there are plenty of recpetionists that are fully capable of doing my job for 3 months, she told me that she was going to have to have a meeting with the owner and the other office coordinators to decide what to do with me, she said they were probably going to make me transfer offices and cut my hours back to part time so that they dont have to find someone to cover my maternity leave, which they still would anyways.. i told her that i need the full time position and that i love the office that i work for and that i have bills to pay and she said she understands that but she has a business that she needs to run and she needs to look out for the best interest of the business..
is this legal? can she legally cut my hours and make me transfer offices and take away my benefits and pto and maternity leave right after she blatently told me it was because i am pregnant??
Re: discrimination at work?
She'll get herself in a potential heap of trouble if she does that. She's already said enough to get in trouble, by flat out saying she wouldn't have hired you...that IS discrimination. Document what she said. Unfortunately, pregnant women aren't a protected class, but you DO still have rights. I have a friend who is a lawyer, and she sent me some helpful info. I'll PM it to you later tonight.
In the meantime, if you signed a job offer that states your company is offering you x,y and z, then there's your backup. However, most companies have a 60 to 90-day probabtion period that they can use as grounds to relocate, demote or terminate you, should they decide to do so. It may very well be on the basis of your pregnancy, but they could just as easily claim 'poor job performance', as long as they have documentation to back it up (written warnings, etc). Don't let them get that far. For the time being, do your job to the best of your ability, and take this as an opportunity to show them what they would be missing if they let you go, or transferred you.
I researched this a lot because I was fired from my previous job just 2 months after starting, for a lot of the same stuff. So if you need to talk, let me know, and I can give you any info you need.
First, Google for your state's laws. I'm too lazy to read through them, but I google'd something like "disclosing pregnancy during job interview" and the first three blurbs told me that you are not legally obligated to disclose your medical information, including pregnancy, during an interview. Would it have been a nicety to them? Yes. But, seeing as how this is how they are reacting, you were right to keep quiet.
Second, that totally sucks. Their attitude and their discrimination both blow big 'nads. Is there a legal aid office near you where you could talk to someone about legal advice? Because if they do demote you or fire you based on a pregnancy, there's a legal case there if you have the ability to follow up on it. Good luck.
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No, this is not legal. Is there someone above this person that you could speak with to try and resolve this? If not, you have a few choices:
1. Deal with the discrimination
2. Try and find another job
3. Consult a lawyer and file a complaint with the Equal Opportunity Employment Commision (EEOC).
ETA: Sorry should be Equal Employment Opportunity Commision (EEOC). Also, as others said, DOCUMENT EVERYTHING. Every conversation, every email, every corrospondance you have with dates/times and as much detail as you possible.
Check your state laws.
But my gut feeling is no, and she's an idiot for actually voicing her reasoning. I'm sure this happens all the time, but if she's dumb enough to say "it's because you are pregnant," she deserves whatever happens to her.
ETA: Be sure to document any further conversations with her -emails, voicemails, etc. The more proof you have, the better.
I agree...that's discrimination for sure. You are NOT obligated to tell that you are pregnant in an interview.
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I've not dealt with this personally, but if I were you--my first step would be to e-mail this person, immediately. Recap your conversation with her, including the parts where she said that she wouldn't have hired you if she'd known your were pregnant, and that she wants to demote you based on pregnancy, etc., etc., and explain to her that you just wanted to make sure you understood everything she was saying to you, because the meeting you had in person was overwhelming, a lot to take in at once, etc. This way you have it in writing, and obviously you'd keep her response. Hopefully, either a.) she wises up and realizes she's a complete moron and this cannot possibly be legal, and retracts all that she said....or b.) she willfully responds, "yes, you understood me correctly." Now you have it in writing.
Like someone else suggested, perform your job to the very best of your ability. Don't call in sick or be gone even a minute longer than you must for your appointments. In other words, don't give them a reason to fire or demote you for poor performance or attendance issues. If they pursue a demotion or termination, then I would first talk to whoever is in charge of HR at your company. If they are an HR professional, they will know what is legal and what isn't, and hopefully they will be able to be on your side and get things straightened out. If you don't get anywhere there, then definitely seek legal counsel. Good luck!
I second this Hoolah....that sig pic is the BEST!
Be sure to document everything. I was given the option to quit or be fired 1 month after telling my former boss I was pregnant. They spent that month increasing my hours and workload, giving me multiple disciplinary write-ups for "mistakes" and "performance issues" (nonexistent) and so on until I quit. It sounds like your nice manager is already setting herself against you and will probably work hard to make things miserable for you.
If I could do it over again I would have better documented my situation and let them fire me, then come back at them with a lawyer. Hopefully things work out better for you! Good luck!
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I was going to suggest this, as well. Just be careful to not come off as defensive or angry in your email. You want her to restate everything and she is less likely to do so if she thinks you are trying to trap her.
You've already gotten some great advice on this topic from PP. Definitely sent that email!!!!
But I'd just like to say that people piss me off. Supposedly my principal gets pissed when teachers get pregnant. Because, you know, she has a staff of 90% female teachers, most of which are in their child bearing ages, and somehow she thinks that no one will ever get pregnant on her watch. She's done some shady stuff (like switching grade level placements after she found out someone was pregnant, making inappropriate comments like "You're gaining too much weight. Stop being hormonal.", etc), but luckily we have a union and lots of union lawyers to go to.
I'm sorry that you are going through this unnecessary stress. Try not to let it get to you.
wow. this is completely illegal. first of all, it's illegal to even ask a prospective employee if they are pregnant, have children, or even if they are married. and to even admit that that information would have affected her hiring decision? what an idiot!
I would call a lawyer. Pronto. It can only get worse from here.
Title VII's pregnancy-related protections include:
An employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition, or because of the prejudices of co-workers, clients, or customers.
An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, if an employer requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.
If an employee is temporarily unable to perform her job because of her pregnancy, the employer must treat her the same as any other temporarily disabled employee. For example, if the employer allows temporarily disabled employees to modify tasks, perform alternative assignments, or take disability leave or leave without pay, the employer also must allow an employee who is temporarily disabled because of pregnancy to do the same.
Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby's birth. An employer also may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth.
Employers must hold open a job for a pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave."
I would mention the Civil Rights Act to your employer and have an impartial witness with you to witness the conversation in case your employer repeats any of what she said in your previous conversation- because what she said is more than ample proof that she is actively discriminating against you because you are pregnant, should you decide to sue the company if they don't give you the full-time hours they hired you to fill.
Oh, and asking a woman if she is pregnant during a job interview is also illegal.
Hope this helps.
Absolutely you have the right to potential legal action. Your boss should not have reacted that way, especially telling you explicitly that she wouldn't have hired you.
That being said, I do understand her perspective (if not her actions). No, you don't have to disclose your pregnancy in the interview or anything. It's just a goodwill thing to share. To me, by sharing that you're pregnant, you are saying "Hey, I understand that I will be around a little bit less than a nonpregnant person and that will affect you and your business." This is especially true because you are already 4 months pregnant. You are far enough along that miscarriage is far, far less likely - meaning that you will want to have maternity leave and time off for those doctor appointments, which are much more frequent in late pregnancy.
If I were your boss, I would be distrustful of you from now on. If you weren't upfront about the big events in your life, why would you be upfront about the small things too? Even if I don't go as far as actually distrusting you, I would definitely not like you. I would see it as selfish to with hold such information. You were putting your needs above any future inconveniences to the other people at work and the company. That may be true, and you may have absolutely excellent reasons for doing that, but it just doesn't reflect well on you. Not only that, but a good number of women that do expect to go right back to work after maternity leave, just don't. That is also a risk that she is probably factoring in.
Working for her after this may just be too stressful and unhappy, especially if she is that upset and decides she doesn't like you and/or made a bad decision hiring you. And if others find out and side with the boss, it's probably going to be a very unpleasant work environment. But if you decide to not continue at that job, it just confirms the boss's probable suspicions.
Like I said before, you may have done what you needed to do (and I think you said you needed the job?) and would do it all again in a heart beat, but I think you should know and understand that it has the potential to make you persona non grata.
You have full rights to legal actions. No one can ask you in an interview if you are pregnant...it's like asking someone what race, sexual orientation, or religion they are.
This also depends on the size of the company... It SOUNDS like a bigger company, you mentioned 9 offices... However, there are different laws depending on the size of the company and of course different state laws etc... So as someone else suggested, google something along the lines of "maternity job laws YOUR STATE". Also as someone else said continue to do the best you can, because MANY employers can do anything within a 30-90 day period if they don't think you will work out...
Good luck!
WHOA!!! They hire people that have these kind of written communication skills?
Oh, I feel your pain. Honestly, I really really do. I was working for a small office (read: 2 employees + the owners) for a year and a half. I was let go once they found out I was pregnant. The office is in SE Michigan- very close to where you live.
Legally, no place can discriminate against you for being pregnant (during the hiring process). I cannot believe she flat out told you that she wouldn't have hired you. That is 100% illegal. Most places will deny you for a job and then just claim that you weren't qualified enough.
Is it a small office? If there are under 15 employees, they can legally let you go for being pregnant. It's horrible but it's true. They also don't have to save your job when you go on maternity leave because you have to be working at the job for at least a year.
I am so sorry. Honestly, I would probably start looking for another job...
ETA: I just read everyone's responses and most of them are incorrect. They legally CAN fire you or reduce your hours IF you aren't covered under the Pregnancy Discrimination Act or FMLA. I was not covered so what my employer did was 100% legal.