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Maternity Leave Discrimination and Office Favoritism

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Kr976

Junior Member
I live in Canada, and I am just about done my 1 year maternity leave. I work at a bank and I have applied for 6 jobs and had 3 interviews over the course of the year. All my interviews went great, and I was qualified for all the positions I applied for and I was denied every one of them. When I received the call from HR, all they said was I was doing everything right, they just decided to go with someone else, but please keep applying. All the jobs were given to people who have less experience, both overall in the field of finance and fewer years with the company, less education, and poorer work ethic. I'm almost positive the only reason I have been denied these positions is because I am on maternity leave and was not willing to return to work early. The last job I applied for, I heard from a reputable friend and co-worker that the person who got the job went into our manager's office and threw a fit that the job was even posted and that she should get the job. They then removed the posting, called me saying I didn't have enough experience (the woman who go it has 1 year and no education, I have 5) so they didn't bother interviewing me and I didn't get the job. My co-worker said she also heard (straight from the source) that they did not conduct any interviews, they just gave her the job. My manager had loosely said that she could have the job when if officially became available if she agreed to do some of the duties for the last month without extra pay. Or course, I don't want to rat out my friend, but this is ridiculous and I know I am not the only one being treated this was. A co-worker also on mat leave was denied a job (by the same manager) because she wasn't willing to come back to work early. I want to go to HR, but I don't want to be like my co-worker that got the job and throw a hissy fit. I want to go about it professionally, but call them on it. It's a difficult situation since HR is already aware of what is going on by allows it anyway. What do I do/say?
 


Zigner

Senior Member, Non-Attorney
I live in Canada, and I am just about done my 1 year maternity leave. I work at a bank and I have applied for 6 jobs and had 3 interviews over the course of the year. All my interviews went great, and I was qualified for all the positions I applied for and I was denied every one of them. When I received the call from HR, all they said was I was doing everything right, they just decided to go with someone else, but please keep applying. All the jobs were given to people who have less experience, both overall in the field of finance and fewer years with the company, less education, and poorer work ethic. I'm almost positive the only reason I have been denied these positions is because I am on maternity leave and was not willing to return to work early. The last job I applied for, I heard from a reputable friend and co-worker that the person who got the job went into our manager's office and threw a fit that the job was even posted and that she should get the job. They then removed the posting, called me saying I didn't have enough experience (the woman who go it has 1 year and no education, I have 5) so they didn't bother interviewing me and I didn't get the job. My co-worker said she also heard (straight from the source) that they did not conduct any interviews, they just gave her the job. My manager had loosely said that she could have the job when if officially became available if she agreed to do some of the duties for the last month without extra pay. Or course, I don't want to rat out my friend, but this is ridiculous and I know I am not the only one being treated this was. A co-worker also on mat leave was denied a job (by the same manager) because she wasn't willing to come back to work early. I want to go to HR, but I don't want to be like my co-worker that got the job and throw a hissy fit. I want to go about it professionally, but call them on it. It's a difficult situation since HR is already aware of what is going on by allows it anyway. What do I do/say?
Sorry - this forum is for US law only.
 

ajkroy

Member
Any non-legal advice?
I worked in Canada for a few years, so I will try to give you a personal answer; bear in mind that it will have a decidedly "American" slant, however.

You are apparently interviewing for jobs before you are planning to return to the workforce, correct? If I was an employer conducting interviews, I would expect that the person in front of me would be looking for a job for now...since I would be looking to fill a position now. Why are you not able to go back to work yet? Keep in mind that most of us are lucky to have an unpaid 6-week maternity leave (with the same employer). It is by no means guaranteed unless certain Federal requirements are met (like the number of employees and the number of hours the employee worked), and I know lots of women who have taken two weeks and even less off, because they couldn't afford to take the time or lose their job.

I would say that if you are offered a job, take it. I have no idea how employment law works in Canada, so I cannot speak to whether or not they are required to hire the most qualified person. I can tell you that in most cases here, there is no such requirement and they can hire whomever they want.

Good luck.
 

Kr976

Junior Member
My son had surgery when he was 6 months old and we still make regular trips to a specialist for physiotherapy and for check ups with the surgeon as well as regular physiotherapy locally. It's not as easy as just saying I will return to work. I am on government paid leave and my son needs me so I am going to use it. Here it is illegal to deny a person a job due to pregnancy, maternity, adoption, or parental leave.
 

LdiJ

Senior Member
My son had surgery when he was 6 months old and we still make regular trips to a specialist for physiotherapy and for check ups with the surgeon as well as regular physiotherapy locally. It's not as easy as just saying I will return to work. I am on government paid leave and my son needs me so I am going to use it. Here it is illegal to deny a person a job due to pregnancy, maternity, adoption, or parental leave.
I understand, but you are expecting them to hold the job open until your leave is over. I can understand how that would be difficult for employers to manage even if the law says they may not discriminate.
 

Proserpina

Senior Member
My son had surgery when he was 6 months old and we still make regular trips to a specialist for physiotherapy and for check ups with the surgeon as well as regular physiotherapy locally. It's not as easy as just saying I will return to work. I am on government paid leave and my son needs me so I am going to use it. Here it is illegal to deny a person a job due to pregnancy, maternity, adoption, or parental leave.

Read this: http://www.chrc-ccdp.gc.ca/sites/default/files/pregnancy_policy_0.pdf

I'm not 100% convinced that illegal discrimination has occurred - but you need to speak with a local attorney.
 

cbg

I'm a Northern Girl
We have one expert in Canadian law here - I'm sure she'll be around shortly.
 

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