August 2014 Moms

Last trimester!

Finally in my 3rd trimester and can't wait to meet baby soon! Quick question about pregnancy discrimination though and curious on your thoughts. Manager has told me that I've been overlooked for promotion, may not get officer title (though deserved) b/c of 4 month leave and tells me that I go to the bathroom too much. Before I started here we were friends but now I'm feeling like I should say something to HR, what do you think?

Re: Last trimester!

  • I don't know how different each state may be, but for where I live, you can't lose employment for maternity leave, but that's your only "right". You might not even have the same job, but equal job responsibility but there is no guarantee that your job that you had before will still be yours when you return. That means I'm also not guaranteed any promotion that I might have had otherwise. For where I live, it's only discrimination if you aren't hired because you are pregnant or you're fired because of it.
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  • Yeah the more I read the more I realize that discrimination is hard to prove...wonder if it's the hormones getting to me. :)Pregnancy Ticker
  • Honestly your manager should have never told you that you were overlooked for a promotion because of the pregnancy/leave. I have been trained directly from our HR department that it is illegal. Does it still happen... Unfortunately yes but like you say it is very difficult to prove they need to have a actual reason for choosing someone else over you and it can't have anything to do with your leave. Your manager telling you directly that you have been passed up because of the pregnancy though puts them at a very very high risk for legal action. They should have never told you that even if it is true. Another thing to keep in mind is that while you are out on leave/fmla you are not able to persue any promotions. So if it were something that came up when you were on fmla they are 100% in the right but before and after they are not allowed to discriminate.
  • @BreClark‌ completely agree! :)
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