Pregnancy discrimination compensation

[dznrmom]

I was hired by a small company in the state of WI. On the first morning of the last week of my probationary period I was told my work performance was wonderful and I met all of their expectations however they felt that in January when their busy period started the job would be too strenuous for me and I wouldn't be able to work due to being pregnant. I was let go and told they would be happy to have me apply again after I had the baby. I really enjoyed working there and I wanted to work there for a few years to come. I did tell them I was pregnant during my interview where they said that would not be a problem. I have no idea what to ask for to settle, I can't get a straight answer from anyone as far as what I can ask for. It seems pay from when I was let go until my baby is due (a total of 6 months) is all I can ask for however it does not seem sufficient to me as far as compensation. I don't want to shut them down I just want them to think twice before doing this to someone else in the future. How much can/should I ask for?What is the name of your state?

 

[ecmst12]

Your actual damages are around 6 months. Whatever recovery time you will need after the birth won't count, since you would have been taking that time (probably unpaid) anyway. I don't see why you'd ask for more, since you do want to work there again, no need to be greedy and make them NOT want to hire you back after the baby is born.

 

[TinkerBelleLuvr]

Although all U.S. states have a number of statutory protections for employees, most wrongful termination suits brought under statutory causes of action use the federal anti-discrimination statutes which prohibit firing or refusing to hire an employee because of race, color, religion, sex, national origin, age, or handicap status. Examples of federal statutes include:

Equal Pay Act of 1963 (relating to discrimination on the basis of sex in payment of wages);
Title VII of the Civil Rights Act of 1964 (relating to discrimination on the basis of race, color, religion, sex, or national origin);
Age Discrimination in Employment Act of 1967 (relating to certain discrimination on the basis of age with respect to persons of at least 40 years of age);
Rehabilitation Act of 1973 (related to certain discrimination on the basis of handicap status);
Americans with Disabilities Act of 1990 (relating to certain discrimination on the basis of handicap status).

Pregnancy is NOT covered under the ADA rules.

Secondly, Wisconsin is an at-will state. An employer can fire you with NO cause.

Therefore, there is no recourse. In that the employer let you go in the probationary period was probably done so that they don't get 'dinged' for unemployment (which will happen if there was NO gross misconduct.)

 

[ecmst12]

http://www.answers.com/topic/pregnancy-discrimination-act

Pregnancy IS a protected characteristic, it is absolutely illegal to fire someone solely because she is pregnant. Which is what OP's employer did. If the employer is subject to Title VII, then the employer screwed up and is definitely on the hook for the 6 months of lost wages at the very least.

Besides that, from the original post, we know that the claim of discrimination has already been successful, since they are in the "compensation determination" phase.

 

[TinkerBelleLuvr]

I stand corrected.

I have no idea what to ask for to settle,

I think they are still litigating.

Title VII applies only to employers with fifteen or more employees.

How many employees?

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

An employer cannot refuse to hire a woman because of her pregnancy related condition as long as she is able to perform the major functions of her job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or the prejudices of co-workers, clients or customers.