HR /teachers - can you suggest for a friend (pregnancy discrimination)

MamaAllison · August 2013

So my teacher friend (she works at a different place then I do) had all her honors classes taken away from her once she told her principal she was pregnant. She is very upset as she has worked there for many years and was super excited about finally getting to teach 3 honors classes (of her 5 classes). She has done a lot of work on the curriculum for the honors classes and volunteers for things pertaining to this class. The a-hole principal basically told her it was because she was pregnant that they were taking the classes away. She came to terms with that, but cannot come to terms with the fact that he won't tell her that she'll get her honors classes back next year. At first I advised her to go with the flow - but now I think she might be a victim of illegal discrimination. Can any one offer up any advice or suggestions?

Pips09 · August 2013

As heinous as that is, and makes her boss a douche, it isn't actually illegal unless she is losing something material by the change. So does it pay more to teach the honors classes, or do they better benefit her in some way?

MamaAllison · August 2013

no, it doesn't pay more to teach honors - but there it is often more rewarding and sometimes easier than teaching struggling students. They benefit her in that teaching that class is part of her professional identity (intangible, I know).

Mustardseed2007 · August 2013

I disagree, it sounds like a demotion to me or at the very least an unfavorable change in her work conditions b/c it sounds like getting the honors classes is something that you have to work toward and has some prestige attached to it. And he SAID it was b/c she is pregnant, so there is no confusion as to why he took that action.

If her being pregnant would make her physically unable to teach the classes that would be one thing, but what about her being pregnant would make her legitimately unable to teach those classes?

This is from the EEOC website concerning the Pregnancy Discrimination Act:

https://www.eeoc.gov/laws/types/pregnancy.cfm

MamaAllison · August 2013

Thanks for the reply @mustardseed2007 - I think you are right! i'm emailing my friend the link.

MamaAllison · August 2013

That's what we are wondering @milkergirl. It just seems ugly whenever the union gets involved, and in a public school where if a principal really wants to get rid of you he can, is it worth it?

nosoup4u · August 2013

MamaAllison said:

That's what we are wondering @milkergirl. It just seems ugly whenever the union gets involved, and in a public school where if a principal really wants to get rid of you he can, is it worth it?

Yes, it is worth it. The union is there to help teachers (or workers) with stuff like this. If anything, a union rep should be able to tell her if she has enough cause to file a grievance.

Soxgirl07 · August 2013

Is the reasoning that they don't want a sub in the honors classes during her maternity leave?
I actually don't agree with this because at least in an honors class the kids are usually at least somewhat self motivated and may behave better for the sub than the lower classes.
I don't know if it's discrimination or not, but I could understand a school taking steps like that to ensure whatever they envision a smooth transition process to be. I would equate it to any professional being transitioned away from certain on going projects as their due date nears.
Did the principal say she couldn't have honors back next year, or just that they couldn't promise it? I know our administration would not want to make a scheduling promise a year in advance.

MamaAllison · August 2013

The principal is being kind of coy about her getting the classes back next year. I guess some transitions happened this summer and they only want each teaching prepping for two types of classes, so giving her Honors classes next year would necessitate the other teacher having ALL the lowest classes, something he is probably not going to be thrilled about.

jennyelf · August 2013

Having been an honor's student, having a sub actually was worse in Honor's classes than mainstream classes. Subs often didn't know the material and couldn't teach the class, so we'd end up teaching ourselves. So I could understand if the logic was that it would be harder to find a qualified sub for an honor's class.

daisy662 · August 2013

I am an HR exec. She should not rush to go to the union or an employment attorney. Geeze people, rush to cause problems much??? She first needs to have a better understanding of why this decision was made. I am sure when she was given this information, she was a little shocked and therefore unprepared to ask questions. Now that she has had time to clear her head, she should go back to the principal to discuss. I agree with pp's that it may be because this is the beginning of the school year and easier to make a change now than to have a sub in place when she goes out on leave. That to me is totally reasonable. Best of luck to your friend!

MamaAllison · August 2013

Thanks Daisy. She has been going back to talk to her principal since she found out, and she is being very cautious about involving attorneys or union people. I also see the point about it being easier to get a sub for the lower level classes, but the thing is if she doesn't fight this now, she might be "stuck" teaching those classes for a long time. Just because something is easier doesn't make it the right choice (or legal!!)

cbelle1231 · August 2013

As a union rep myself, I would look at my contract first and see if there is anything in it about teaching specific courses. The union may not be able to file a grievance if there is nothing in the contract about specific course load/type of class. I however would recommend having a union rep attend the meetings with the principal so there is a witness to what is said. Your friend should explain to the rep that she only wants a witness and for him/her to take minutes of the meeting. She should tell the same to the principal, this way he does not feel too "threatened" by the rep being there. Your friend has valid points in being upset that her classes were taken from her for being pregnant. She needs to write her list of questions and specifically ask why her schedule changed. If she can get the principal to admit in front of the rep it is because she is pregnant or because they don't want a sub then some things may be able to be adjusted.

daisy662 · August 2013

@Lasposa425 - She needs to communicate with her supervisor. A 3rd party is not necessary Until she has all the details. You are rushing to judgement before having all the facts.

nosoup4u · August 2013

daisy662 said:

I am an HR exec. She should not rush to go to the union or an employment attorney. Geeze people, rush to cause problems much??? She first needs to have a better understanding of why this decision was made.

Talking to a union rep doesn't mean the union rep automatically talks to the principal. I've talked to union reps a number of times, and they were able to clarify parts of the contract I had questions about. They are there to help employees.

lorist202 · August 2013

nosoup4u said:

daisy662 said:

I am an HR exec. She should not rush to go to the union or an employment attorney. Geeze people, rush to cause problems much??? She first needs to have a better understanding of why this decision was made.

Talking to a union rep doesn't mean the union rep automatically talks to the principal. I've talked to union reps a number of times, and they were able to clarify parts of the contract I had questions about. They are there to help employees.

It really depends on the dynamic of the individual Union. For years, I was a Union Rep for a Teachers Union where teachers often called to pick my brain about a scenario. At that point, I gave teachers advice about the contract language, legal ramifications, and options available if said teacher wanted to pursue action. Some teachers were willing to go to the ends of the earth to fight unfair treatment (illegal or not), and others preferred to stay under the radar, and that's where our conversation ended.

Talk to other teachers who have a feel for the "style" of your union. My husband is in a Union which is run by a president who thinks he's a gangbanger, and he doesn't dare ever speak up about anything for fear he will eventually lose his job. My point is... every union supports its members differently.

BringOnTheCats · August 2013

The principal might not be taking it away as a "punishment" but rather, as a way to relieve the stress from your coworker and I only speak from experience.

This was my 4th year teaching and I found out I was pregnant in August, due March 13th (yeah, I was about 10 weeks or so when I found out, lol). I taught College Prep courses at my school. The plan was for my long term sub to take over all of my classes, except my hour of College Prep and I would maintain that instruction. I went out on disability February 18th and didn't return until April 29th. The Seniors last day was May 7th. I missed SO much of the class because of my disability, so I was working a lot online via Edmodo with the kids. It was...okay. I felt I would have received better interaction if I had been there, but it worked.

After I had my daughter, she was colicky and I had severe PPD. And, I still had to maintain a level of professionalism with my students. It was miserable, and I felt (and still feel at times) that I failed those kids. Now, I worked in a rural area and the parents understood my pregnancy and complications but still. I really wish I wouldn't have had that class and could focus on my recovery. Those kids paid for that class and expected great results and I let them down. As a teacher, it breaks your heart to feel that some students didn't get the education they deserved.

Sorry for writing a novel, but I was in this position and I really wish the principal would have taken away my honors classes, only because you don't know how the pregnancy is going to go.

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