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Is this pregnancy discrimination ?

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Is this pregnancy discrimination ?

  • Yes

    Votes: 0 0.0%
  • Maybe

    Votes: 1 25.0%
  • Not a strong case

    Votes: 2 50.0%
  • No

    Votes: 1 25.0%

  • Total voters
    4
  • Poll closed .

clau.mb

New member
Utah
After I found out I am pregnant, my manager started to ask me daily:"When are you leaving ?" Then I asked for shorter shifts (from 40h/week to 32h/week) due to my doctor appointments and she said they will have to demote me from assistant manager to supervisor to accommodate that. She also threads me daily: "don`t forget to do x tasks - it`s final warning". Finally, with such a hostile environment I had to resign to protect my baby. Can I sue my employer for harassment and pregnancy discrimination?
 


Just Blue

Senior Member
Utah
After I found out I am pregnant, my manager started to ask me daily:"When are you leaving ?" Then I asked for shorter shifts (from 40h/week to 32h/week) due to my doctor appointments and she said they will have to demote me from assistant manager to supervisor to accommodate that. She also threads me daily: "don`t forget to do x tasks - it`s final warning". Finally, with such a hostile environment I had to resign to protect my baby. Can I sue my employer for harassment and pregnancy discrimination?
Utah
After I found out I am pregnant, my manager started to ask me daily:"When are you leaving ?" Then I asked for shorter shifts (from 40h/week to 32h/week) due to my doctor appointments and she said they will have to demote me from assistant manager to supervisor to accommodate that. She also threads me daily: "don`t forget to do x tasks - it`s final warning". Finally, with such a hostile environment I had to resign to protect my baby. Can I sue my employer for harassment and pregnancy discrimination?
This is neither illegal discrimination or harassment.
 

HRZ

Senior Member
I'm long out of HR ....but a supervisor who repeatedly asks a pregnant employee when she is leaving ...and then threatens a demotion if the employee seeks time off for doctors visits related to pregnancy is a fact pattern you want some legal eyes to comment upon ..promptly. And confirm your employer is covered by FMLA . IF you worked more that one year and more that 1250 hrs you pass that part of FMLA test. ( You chose some other issues that may not help,..a flat reduction in hours absent a medical need is not protected ...and quitting to protect your baby absent a medical need is not protected ..leave consistent with FMLA would have been protected .

BTW there are multiple requirements as to employers notice of FMLA rights ...were they posted / did you get them ?

Utah has no separate laws to best of my knowledge on relative issues.
 

cbg

I'm a Northern Girl
I can see this going either way. I don't think it's unreasonable for an employer to want to know when an employee is going to be out for an extended period of time so s/he can do long range planning. Additionally, pregnancy is not considered a disability under the ADA so no accommodation is required, particularly not shortening shifts. Surely you didn't need a doctor's appointment every single week during work hours. FMLA would have protected enough time off for doctor's appointments without their having to schedule you for eight hours off every week. I don't think it's reasonable to expect shorter work hours but keep the same title and responsibilities. All the same, it probably wouldn't do any harm to run the facts by an employment law attorney. I don't think you've got anything close to a slam dunk, but I'm not entirely convinced that you've got nothing, either.
 

dwidell

Member
Pregnancy is a protected class. If you feel your employer is discriminating you spend a few minutes talking to a lawyer.
 

LdiJ

Senior Member
Please post a citation to back up your assertion.
Why did you ask for a cite on this one Zig? Google "The Pregnancy Discrimination Act of 1978". I looked it up only to get the exact name of the Act. I thought it was pretty common knowledge after 40 years.
 

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