Probable Denial Of Promotion Due To Pregnancy

[ambh19]

New York State.
Hello. I am currently 6 months pregnant and employed at medical facility. Over the past three years, I have been utilized (as a medical assistant,which I have been for 10 years) to train RN's and LPN's on the computer systems and "show them the ropes" around the company. I recently received a 4.5% merit increase in pay and have had 3 outstanding evaluations. I was also designated this past summer to be a source for support to our office as we switched to a new EMR system and trained as a main user on the program. I also served as a support person for a satellite office when they went live with us three months after I joined the company. I recently applied for a job within the company as a "human resources trainer" as many of the trainers have been people who have started in the company as operators, medical assistants, and receptionists. I was denied the job, low and behold the person they hired was a man I helped assist train for scheduling duties within the office. They gave me no reason, just a simple email that states "after numerous interviews, we have decided to move forward with another candidate". This individual has had no medical background, is only trained on one part of our two part EMR system, and has not even been with the company for a year as he was a radio disc jockey prior to coming on board. Because of his lack of experience, I feel like I was slighted the position due to my pregnancy which will be ending in 13 weeks.
Also, when I found out I was pregnant, I was working 9-10 1/2 hour days straight through with no lunch breaks or 15 minute breaks that we are entitled to. Being pregnant it gets a tiny bit rough to work without stopping and taking time out to rest and eat something. I had to go as far as getting a doctors note to enable me to have my breaks and for the company to find coverage. I know that I could have possibly ruffled feathers then by asking for my breaks, but they DID ask me for a note to be able to have my breaks and I only did what was asked of me. Im not sure if this contributes to anything, but it would make no sense seeing how I was just rewarded with a merit pay increase.
Do I have any grounds to seek legal action against my employer?

 

[cbg]

The best anyone here can tell you is maybe. But you are free to take up the matter of the promotion with the EEOC; the break issues would be a matter for the NY DOL. You might want to discuss it with an employment lawyer first.

 

[ambh19]

Yeah, I'm thinking so too. Its kind of scary because I actually really like my job and the company I work for and really don't want to lose it. But I have to stand up for myself at the same token. :-/

 

[Betty]

There's no way we can say positively that pregnancy discrimination is involved here. However, there certainly may be/sounds like there could be. As cbg suggested, you might want to talk to an employment attorney for his/her opinion.

 

[ambh19]

Thank you.

 

[las365]

Were you paid for all of the time you worked (including lunches you worked through)? Paid time and a half for hours over 40? If you had lunchtime or breaks deducted from your hours even when you worked through them, you may have an FLSA claim.

The pregnancy/gender discrimination claim is problematic due to lack of proof. You have some circumstantial evidence, but perhaps not enough. Were comments made to you during the interview process about your maternity leave, whether you intended to come back to work, that new moms don't care about work so much once they have their babies? Does the company have a pattern of passing women over for promotion in favor of less qualified men?

If I were you, especially since you do like your job and generally the company, I would definitely talk to an attorney as suggested before doing anything like filing an EEOC complaint. It is illegal to retaliate against an employee for filing one, but it happens all the time and while I am not saying you shouldn't move forward with a claim if an experienced attorney thinks you have a reasonable chance of success, if you don't then why take the risk and put yourself in the crosshairs?

One last thing, I don't know how employment law attorneys generally work in your area, but where I am there are some who charge a flat fee for the EEOC process. There is nothing wrong with that, but some of those lawyers will take anyone's money to file and work the EEOC claim regardless of whether the claim has enough merit that they would be willing to file suit after the EEOC investigation is finished. The reason I am telling you this is that if and when you hire a lawyer for a case like this, get a commitment up front in writing in your attorney-client agreement that the lawyer will represent you in litigation after the EEOC process. That way you can be more confident that if you are charged a flat fee, you won't get dropped with a pending statute of limitations after the EEOC investigation is over.

 

[ESteele]

OP, if the individual the company promoted met the minimum qualifications for the position, then you may find it difficult, if not impossible, to establish that the company discriminated against you due to your pregnancy (and/or gender) in selecting him. In contrast, if he does not have the minimum qualifications for the promotion, then you would appear to have a solid basis for pursuing disparate treatment case against your employer.

 

[Proseguru]

Look, the OP has no case. Never ever win. Never. Ever. Ever.

OP should just accept that they found someone else they were happier with and move on with her life.

Have a pickle-peanut butter sandwich and forget about it -- work hard to learn new skills.

 

[Zigner]

Look, the OP has no case. Never ever win. Never. Ever. Ever.

OP should just accept that they found someone else they were happier with and move on with her life.

Have a pickle-peanut butter sandwich and forget about it -- work hard to learn new skills.

I suggest that the skills that need to be worked on are yours...as in reading & comprehension skills!

 

[AJStarr]

Your employer is looking to fill a position that's needed, and you are assured to go on leave for several weeks.

I'm sorry, but no employer on the planet who needs a position filled is going to promote someone who is going to be having a child and going on leave when they need someone right off who will be there. No different from if I applied for a promotion and broke both my arms the next day. I'll be out of work for 6-8 weeks, why would I expect them to even consider me when I won't be at work?

 

[eerelations]

AJStarr, do you have any training in employment law? If yes, were you snoozing during the class about the illegalities of discrimination on the basis of pregnancy and/or gender?

 

[AJStarr]

AJStarr, do you have any training in employment law? If yes, were you snoozing during the class about the illegalities of discrimination on the basis of pregnancy and/or gender?

Doesn't really matter what the laws are, a lot of employers are selfish losers who don't care about anyone but themselves.

If someone is as qualified as she is, who applied for the promotion, they will get the job. Why? Because that person isn't going on leave for up to 2 months.

An employer can give any reason for it under the sun. I've seen it a million times. They will outright say to other people why they didn't get the promotion, legal or not, and then officially write down the made-up reason for it.

Sorry, labor laws do more to protect the employer than the employee, and there's no sense in telling this woman she has a case, because the employer will just lie out of their *** and get away with it. In order for her to have the smallest chance in court, she would have to show proof WITH plenty of witnesses from her job, that she far exceeded the qualifications for the position from the person who got the position. Other than that, all she can do is grin and bear it, or find another job.

Has nothing to do with the law, it's what the employer is going to say and do, and get away with because they can't be proven wrong by word of mouth.

 

[commentator]

Doesn't really matter what the laws are, a lot of employers are selfish losers who don't care about anyone but themselves.

If someone is as qualified as she is, who applied for the promotion, they will get the job. Why? Because that person isn't going on leave for up to 2 months.

An employer can give any reason for it under the sun. I've seen it a million times. They will outright say to other people why they didn't get the promotion, legal or not, and then officially write down the made-up reason for it.

Sorry, labor laws do more to protect the employer than the employee, and there's no sense in telling this woman she has a case, because the employer will just lie out of their *** and get away with it. In order for her to have the smallest chance in court, she would have to show proof WITH plenty of witnesses from her job, that she far exceeded the qualifications for the position from the person who got the position. Other than that, all she can do is grin and bear it, or find another job.

Has nothing to do with the law, it's what the employer is going to say and do, and get away with because they can't be proven wrong by word of mouth.

In addition to being untrue, totally an opinion, and wrong, this response is helpful how?

 

[You Are Guilty]

While I tend to agree with the majority who think there isn't much of a pregnancy discrimination claim to be found here, if you do decide to pursue it, I do disagree that the EEOC should be the first stop. Instead, start local:
http://www.dhr.ny.gov/how_to_file_a_complaint.html

DHR will cross file with the EEOC for you if necessary, and DHR will be much (much) more annoying to deal with than the EEOC (for your employer, that is).

Good luck.