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Can i File a Lawsuit for discrimination?

Gurnee, IL |

I tried getting a job at Taco Bell in gurnee Il. The manager buntly told me " i cant hire you because your pregnant" She also stated "come back when you have the baby and ill have a job for you" And "If you weren't pregnant i would hire you" Can i file a lawsuit against her? And if i can how can i sue her?

Attorney Answers 4

  1. Wow. That truly is unbelievable. Talk to an employment law attorney.

    For more information: By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.

  2. Here is a sample case.....

    From a news report
    "The U.S. Equal Employment Opportunity Commission (EEOC) today announced that it filed a discrimination lawsuit against Olam Americas, Inc. and its two subsidiaries for refusing to hire a pregnant applicant into an executive assistant position at its Fresno, Calif. facility. Olam Americas, Inc. is a leading supplier and processor of agricultural products and food ingredients.

    Executive management at Olam seemed initially impressed by the job seeker, extending an offer of employment to her in December 2010, according to the EEOC. That sentiment changed rather dramatically after the applicant disclosed that she was pregnant. Within days of disclosure, the offer was rescinded and an alternate, non-pregnant candidate was selected, contends EEOC.

    The EEOC filed suit against Olam in the U.S. District Court, Eastern District of California, arguing that the actions were a form of gender discrimination that violate Title VII of the Civil Rights Act (EEOC v. Olam America, Inc., Olam West Coast d/b/a Olam Spices and Vegetables, and Olam Tomato Processors, Inc., Case No. 11-cv-01548-LJO -DLB). The EEOC’s suit seeks backpay, compensatory and punitive damages on behalf of the applicant along with injunctive relief intended to prevent further instances of discrimination at Olam."

  3. Wow. This is pretty blatant pregnancy discrimination. I would immediately contact a local employment attorney. Don't be surprised if the manager later denies telling you he couldn't hire you because of your pregnancy, but this is a clear violation of the law. There was a similar case here involving a fast food restaurant in Arizona. The EEOC filed suit against the employer and won. Good luck to you.

  4. Telling an employee they cannot hire you because you are pregnant absolutely violates the law. You can file a charge for pregnancy or gender discrimination either with the Illinois Dept of Human Rights, or with the Equal Employment Opportunity Commission. I would suggest first consulting with an Illinois employment law attorney before filing the charge so the attorney can either file the charge for you or send a demand letter to the employer.

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