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Job Discrimination and Harassment : Includes discrimination in employment on the basis of race, color, creed, national origin, gender, disability, etc.
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  #1  
Old 03-12-2008, 09:48 AM
Junior Member
 
Join Date: Mar 2008
Posts: 2

Pregnancy Descrimination


What is the name of your state?
New York

I was on disability leave due to pregnancy complication for about 6 months. After my baby was born I was on infant care leave for about 6, 5 months in the following way: The first 7 weeks I had doctor’s notes, then I used 15 days my vacation and 4 months unpaid leave.
When I return to work my position was downgraded for two levels. It is the organization policy that an employee after unpaid infant care leave has to be reinstated in the same position or a position of equivalent grade and salary.
I complain to Human Resources, but nothing change. They offered me to stay and try to look for new job or to leave and get my severance pay.

My grade was changed by my supervisor who was especially unpleasant with me during my pregnancy. He was checking when I was in the office when I was going to take a walk.

Is this pregnancy discrimination? Is this intend action? Do I have a case to involve an attorney? Will I get more then severances pay for the damage if I involve an attorney? Will I lose all conections with the organization if I involve an atterny?
  #2  
Old 03-12-2008, 10:56 AM
cbg cbg is offline
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Join Date: Nov 2001
Location: Massachusetts
Posts: 24,806
I see no illegal discrimination here. The LONGEST your employer was required to hold your job for you was 12 WEEKS. Your legal right to be returned to the same job expired long before you returned to work.
  #3  
Old 03-12-2008, 12:18 PM
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Posts: 13,458
So you were on leave for a year? Not only was this not pregnancy discrimination, your employer was FAR more generous with you than they were required to be. They could have terminated your employment after 12 weeks.
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  #4  
Old 03-13-2008, 11:08 AM
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Join Date: Dec 2005
Posts: 986
Under the federal EEO statute, pregnancy must be treated like any other short term disability. Has your employer allowed a non-pregnant employee to be off as long or longer than you were, without having his/her position downgraded?

What do you mean when you say your position was downgraded? Were your duties and responsibilities changed or was it a pay change?
  #5  
Old 03-21-2008, 02:22 PM
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Join Date: Mar 2008
Posts: 2
Unhappy

My reponsibilities were changed. Paycheck was same. In meantime I finished Graduate School.
This is a company that uses Federal's Money and it is company policy to garantee the job position up to 6 months unpaid leave. My sikness can not be count toward those 6 months (infant care leave).
Yes. There are other people that were sick and out of the office for year and came back at the same or better position.

Last edited by Mare; 03-21-2008 at 02:28 PM.
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