EEOC complaint worthy?

Hotmama410 · January 2014

I filed a preliminary complaint on my employer today due to pregnancy descrimination. I have been changed positions 3 times since i disclosed I was expecting and was removed of over half my job duties all of which i can still do while pregnant. I work in an office. The last position they moved me to was the receptionist position which has lower security then the position i had before that. The receptionist position is an entry Level minim wage position and i have been with my company for 5 years and held a higher title. When discussing why i was moved to receptionist with the compliance director he told me that he doesn't know why they changed my position but maybe it was because i could be going on maternity leave at any time. I still have 11 weeks left. I don't know if i am over reacting or if they are really discriminating toward me all options would be greatly accepted thank you.

Luckie519 · January 2014

Did they cut your pay with these moves? I don't know much about this stuff, but it definitely seems unfair and I would think they couldn't do that. Like I said, I am not familiar with any of the laws really. Sorry you are going through this. My job is being kind of jerks too, just not to this extent.

Hotmama410 · January 2014

They did not cut my pay but they cut my security access and job duties

Rrrrrachel · January 2014

I think as long as they cut your pay they're in the clear. They're allowed to change your duties at your supervisors discretion, usually.

Christinekeyser · January 2014

It might be worth a call to your local human relations commission to seek guidance (that is free). They can help determine if in fact the employer is in the wrong and you can do this confidentially.

That being said, the supervisor not knowing why you essentially have been re-organized/re-classified into a new position seems to be a bit suspicious. And mentioning your upcoming maternity leave is not a sound business reason. Re-orgs can happen at any time based on business need (with the emphasis on the word 'business'). Your upcoming maternity leave is not a business need. Were you in an administrative/ support role prior to being moved to the receptionist role? They didn't decrease your pay, is that right? Typically that happens when you are re-classified into a lower level role if you are outside of the pay range (if your company has grade levels for their jobs that are accompanied with salary ranges) but this isn't always the case (you could be "grandfathered" for a year or so if your company doesn't want you to take a pay cut but no longer has your a need for your former role).

There are many points that can be argued (yes I work in HR) but the justification of your upcoming maternity leave should have nothing to do with any type of company re-organization (which can be as small as only moving 1 person to a different role or a major company re-org where hundreds of employees are impacted).

Did any of your coworkers or anyone else in the company also have a job change at or around the same time that you did? If not, why your role specifically? That would be my question

Hotmama410 · January 2014

I was in an administrate position prior to reception. And my company does not have pay grades per say longer you have been there the more pay. No one else was given different job positions except me. And they never informed me that they were changing my position they told me to fill in temp and take turns with other employees and when I asked about taking turns after a month of being up there 8 hours a day I was told there was no need I could handle it just fine.

laurel22 · January 2014

I would absolutely be concerned, regardless of whether they cut your pay or not... Not so much concerned about what you're doing now, but what type of position you'll be coming back to after your leave is over. I wouldnt file a complaint with EEOC quite yet, but you need to sit down with your supervisors ASAP and find out what type of position and duties you will be coming back to after your maternity leave. GET IT IN WRITING. It's possible that your company is just reducing your duties early so that someone else can train to fill in for you while you're gone, but someone needs to give you a real explanation. Bring it up to HR if you can't get an answer from a direct supervisor. If you still can't get any answers, then file the complaint with EEOC. HTH and good luck!

Hotmama410 · January 2014

And there is still a need for my former role they shifted my job duties between 3 other employees 1 who is not even the the same department.

Hotmama410 · January 2014

I have made complaints to our hr lady about feeling discriminated toward and no action not even a meeting with my supervisor was been taken. I was also told they would be hiring a receptionist in a few months (when I go on leave)

Hotmama410 · January 2014

I do not know what position i would return to at this point I don't want to might have to return to this job.

Hotmama410 · January 2014

I do not know what position i would return to at this point I don't want to might have to return to this job.

HNRomance · January 2014

Speak to HR and document everything. You will need it if you have to make a complaint and if there is an investigation. It sounds more like they are being overly cautious rather than discriminatory (depending on what job duties they changed and how you are being treated, hard to tell from the post.) You can put in a call to the EEOC to discuss what qualifies as pregnancy discrimination which is covered under an amendment to Title VII of the Civil Rights Act. You may also be covered under FMLA which states that your position must be held for you or they must return you to a position with similar pay and benefits after your leave.

Hotmama410 · January 2014

The job duties they changed were all job duties I can do in my current position bit u was forced to train other employees how to do them and they were taken away.

Hotmama410 · January 2014

I should mention my place of employment had a large turn over rate nearly 10/20 new employees a month and have already been sued for an eeoc complaint in the last 3 years. They also "lay off" employees for being sick and calling in and using their sic time they have also let people go because if posts to social media about work.

Mustardseed2007 · January 2014

I definitely agree this is something you should speak to HR about and let them know you are concerned about what you will be coming back to since this was basically a demotion in job duties while you were pregnant. You can also call the EEOC for advice but they are going to be limited by what you know, which unfortunately is only what you can see.

They are not in the clear because they have not changed your pay. Changing your role and duties can totally be discrimination unless they have a business reason for doing it. So I would go to them and let them know you are noticing it.

However, this isn't a slam dunk that they are doing something wrong either. I can envision you being involved in an EEOC complaint and have someone higher up come up with some reason for all of it, which is why I would encourage you to go to them to and simply ask what they have in mind for you, for your former job duties, and if there is a performance issue or some other (non pregnancy or protected leave) issue that is causing all these changes. Just asking up front or filing that internal complaint might be enough to make them slow down whatever it is they are doing.

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