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I am having continued issues with my employer. Is this a valid pregnancy discrimination case and what can we do? Fee shifting?

Chicopee, MA |

This is actually a follow-up to an original Q, as the situation has grown even worse. I'm an "independent contractor" in writing only. I told my boss at the beginning of the month that I'm pregnant & will be leaving at the end of the summer. She then sent an email to my husband's boss at a different company informing them of my pregnancy & expressing concern that he will be unable to fulfill his duties now that he is an expectant father which has resulted in decreased hours. Yesterday, she terminated my position almost a month ahead of my scheduled leave date & is becoming increasingly nasty in her communication with me. I have stellar job reviews & emails praising my performance. I believe she is acting in a punitive, & discriminatory manner due to my pregnancy & causing hardship on us.

Attorney Answers 3


  1. I think there is something here, especially since she incredibly took it upon herself to call your husband's employer. Consult a local attorney and/or Mass. Commission Against Discrimination.

    To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.


  2. If you're an independent contractor in writing only, you probably have a valuable wage claim. Also, it sounds like you probably have a pregnancy discrimination claim. That said, it is difficult to say for sure from a single vague Internet post.

    You should contact an attorney ASAP, while the evidence and testimony are still fresh in your mind.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.


  3. It does sound like you have a discrimination claim based on your pregnancy, and a wage claim as well. You should consult with an attorney who does discrimination in the workplace, as well as wage & hour cases. I'd be happy to provide you with a free consultation to determine exactly what viable claims you may have.

    Congratulations on your impending motherhood.

    Attorney Lauren Craig Redmond ~ 617.953.6116 ~ No attorney/client relationship is established or implied by any email or phone conversation.