Work Discrimination.. Should I say something?

mmsawyers · June 2015

I was working 2 jobs.. One at a retailer and the other delivering pizzas at night. The week after I told my 2 managers at the pizza place I was pregnant (because I have to lift very heavy things sometimes) they didn't put me on the schedule and won't return my phone calls. I don't want to go there and cause any kind of scene.. Should I contact corporate about this?

CuriousKiddosMama · June 2015

It's going to be impossible to prove that they didn't put you on the schedule because you are pregnant, that is the problem you are going to face. I would go in there and ask what is going on. I don't know why you couldn't deliver pizzas while pregnant and I would tell them that. If they won't talk to you I would probably contact corporate at that point in time, but not before you talk to your boss about it. Sorry.

mmsawyers · June 2015

Plus I live in a Right to Work state.. so they can fire you for no reason at all. I just don't get it, at least have the guts to tell me... not just avoid me.

TexasMom7137 · June 2015

Even right to work states don't allow discrimination due to pregnancy but I agree with PP that proving it would be difficult. Also agree that going in to talk to the manager is your first step. If you don't get any answers then call corporate.

ETA: I'm sorry you are having to deal with this at all. It sucks that they chose to react this way.

kayjay44 · June 2015

TexasMom7137 said:

Even right to work states don't allow discrimination due to pregnancy but I agree with PP that proving it would be difficult. Also agree that going in to talk to the manager is your first step. If you don't get any answers then call corporate. ETA: I'm sorry you are having to deal with this at all. It sucks that they chose to react this way.

WSS.

camusoh2011 · June 2015

I would attempt to get in touch with them, and maybe even go in person to ask why you aren't on the schedule. Maybe try and record some audio on your phone in case they admit to it being because of the pregnancy. Basically, show that you are concerned about not being scheduled, but be polite in case it was an error or a misunderstanding. If they think that they can just remove you from the schedule and you won't make a stink they might try it.

I had something similar happen with my first and after being really angry about it, I realized that I would rather find a new job than fight to stay somewhere I clearly wasn't valued. I had worked there for many years at that point, so being tossed aside so easily really sucked. That's something else you might consider.

kayjay44 · June 2015

camusoh2011 said:

I would attempt to get in touch with them, and maybe even go in person to ask why you aren't on the schedule. Maybe try and record some audio on your phone in case they admit to it being because of the pregnancy.

I'd be very careful about recording any audio without their knowledge or consent. It is not legal in many states. You'd be better off getting it in writing.

Knottie19458446 · June 2015

If you have been there longer than your probationary period, I would definitely speak to someone... they cant just do that to you. Granted they might make up some bogus excuse as to why they took you off the schedule. I am struggling with a similar situation. I work at a bank, and they have a six month prob period, and I have only been here for 3. So every Friday I am anxious that I am going to get fired because they know I'm pregnant. I hope you find work easily and quickly!!

camusoh2011 · June 2015

magnumJ said:

camusoh2011 said:

I would attempt to get in touch with them, and maybe even go in person to ask why you aren't on the schedule. Maybe try and record some audio on your phone in case they admit to it being because of the pregnancy.

I'd be very careful about recording any audio without their knowledge or consent. It is not legal in many states. You'd be better off getting it in writing.

I had no idea that was illegal in some states. Better safe than sorry then. Maybe just have a friend or coworker who would be willing to vouch for you nearby?

BBEA2006 · June 2015

camusoh2011 said:

I would attempt to get in touch with them, and maybe even go in person to ask why you aren't on the schedule. Maybe try and record some audio on your phone in case they admit to it being because of the pregnancy. Basically, show that you are concerned about not being scheduled, but be polite in case it was an error or a misunderstanding. If they think that they can just remove you from the schedule and you won't make a stink they might try it.

I had something similar happen with my first and after being really angry about it, I realized that I would rather find a new job than fight to stay somewhere I clearly wasn't valued. I had worked there for many years at that point, so being tossed aside so easily really sucked. That's something else you might consider.

Def. make sure that they know they are being recorded or else you could end up on the other end of a legal battle if it gets that far.

Step one, make sure you document when you told them you were pregnant and when the new schedule came out. Then you will need to document when you go in to discuss with your Supervisor. Depending on the outcome, instead of telling them you are going to call Corp., just do it and provide the information that you documented. If you Corp. HR is any good at all, they will understand what legally they can/cannot do. You should also get a copy of the job description to ensure that it lists the physical requirements of the job if they use the excuse that you cannot lift over X lbs.

Hthrette · June 2015

I'm an HR Director... so my suggestion to you is, 1st talk to your manager like the others say. Don't make any accusations, just ask why you've been dropped from shifts. If they allude to anything about pregnancy, let them know you can still work and want to work and then contact your HR department and let them know what's going on. Follow up any conversation to them with an email, so you have record. They should be able to accommodate you. If they don't, unfortunately, the next step would be to contact the department of labor. FYI, just because it's a right to work state doesn't mean t hey can discriminate against pregnancy.

Also, someone mentioned it being hard to prove... not really. If you have proof of a consistent schedule ( through timesheet records) and then have proof that you don't have the same schedule that's enough proof. Although, they can always come up with other reasons why they didn't give you the hours, it still looks suspicious.

Good luck.

Hthrette · June 2015

Agreed! Do not record the conversation, it's not a good idea. The best thing to do is follow up any conversations with an email as a form of documentation.

ArchyFlores · June 2015

What state are you in? Some, like Illinois or California are very particular about pregnancy discrimination and you will find specific offices you can call for resources.

I also work in HR, follow what Hthrette wrote. Whenever I've seen it at work it's usually a front line supervisor who thinks they are doing the right thing. Showing corporate HR that you had a steady schedule and no disciplinary actions, they will figure it out quickly what to do.

MrsJG3 · June 2015

The term "right to work" is misleading. In all states you have the right to work. Some states are "at will" states. Meaning you can be fired without any warning and without a reason. In this case if you are in an "at will" state it would be really hard to prove that the termination was pregnancy related. Also if lifting was a part of the job requirement and you were no longer able to meet that requirement without medical documentation that can be grounds for termination all by itself.

I am sorry you lost part of your income. Maybe you will find something better and this will turn out to be a blessing.

As far as recording people, in AZ only one person has to have knowledge that they are being recorded. That one person can be the person doing the recording. Clients used to record me without my knowledge all the time. Good thing I was awesome.

mmsawyers · June 2015

I live in South Carolina. They can fire without any reason here. I've been there about 3 months. I'm not on the schedule again this week. The manager still won't respond to calls and texts. I think I'm going to contact the corporate office if only to let them know what's going into there.

mommyaviles · June 2015

That's not entirely true, even though she lives in a right to work state. I do as well, and I work at a law office. If she is terminated, or not being given hours at work, I would recommend seeing a lawyer about filing a charge of discrimination with her local human rights commission. My brother has a lawsuit with a former employer (who is already in litigation over a payroll case) because they fired him after learning of a medical condition.

lauren0571 · June 2015

I went through a very similar situation when I was pregnant with my first and it was pretty devastating at the time. Looking back I am so happy I got out of that environment and it motivated me to find something so much better.
I know it's scary especially when you have a little one on the way. Hang in there. Speak to your managers and if it starts to sound like they are letting you go I would call corporate and maybe start looking for something else.
Sorry you are going through this.

chitownparent · June 2015

You should contact an attorney. They will absolutely let you know if there is any law in your state that protects you. Most of those types of laws make the other side pay for your attorney fees, or allow attorneys to represent you on a contingent fee basis (which means you don't have to pay them hourly--their fee would come out of the award money). Employers should not be allowed to get away with this!

ArchyFlores · June 2015

MrsJG3 said:

The term "right to work" is misleading. In all states you have the right to work. Some states are "at will" states. Meaning you can be fired without any warning and without a reason. In this case if you are in an "at will" state it would be really hard to prove that the termination was pregnancy related.

"Right to Work" means that in those states you can't have a "union only" workplace. Employees can choose to be non-union and not pay dues yet still receive most of the union benefits. Once again, "at will" doesn't mean for any reason, there are those reasons that are protected. She can show that she is not on the schedule and that she was before saying she was pregnant. I don't know what her restrictions are, but if there is a reasonable accommodation for those restrictions, then the workplace has to go that route because SC has a Pregnancy Discrimination Act. https://www.schac.sc.gov/ed/Pages/PregnancyDiscrimination.aspx With a helpful link to put in a complaint. I would still give Corp. HR a heads up about what is happening but here you have the information you need.

adiderrich · June 2015

I am an employment law atty, and yes, you need to file a charge. The person that said you can't prove why they didn't put you on the schedule is incorrect. You likely have a case.

ashton2190 · July 2015

@mmsawyers in my experience, it's really a matter of the employer proving it wasn't discrimination, not you having to prove that it was. I've had to go through a lot of training at work to make sure we don't inadvertently discriminate or wrongfully terminate someone

mmsawyers · July 2015

Thanks everyone. I've tried contacting the store again and no response still. I've contacted corporate, but apparently I have to contact someone in the franchising department. It's become a big headache and added stress because now I'm struggling with losing some income. Just trying to stay positive.

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Work Discrimination.. Should I say something?

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