Pregnancy discrimination or just a bad employer?

Asked 12 months ago - Scottsdale, AZ

My manager discriminated against me to a point that I had to file a written complaint to HR. At the same time I have been trying to get promoted/transferred internally, however I was visibly pregnant when I applied for several internal positions. One position I spent 60-70 min at the interview however 40 min of that I was questioned "in a very friendly" manner about my existing children and my current pregnancy. I didn't get the job. A female, 1/2 my age & not pregnant got it. She didn't meet min qualifications as specified by the job posting. Other positions I wouldn't even get interviewed for and they were given to internal male applicants. I'm no longer pregnant and wondering what action I might see from the company. How do I prepare to what's coming?

Attorney answers (2)

  1. Michael Thomas Poulton

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    Answered . Based on the information you stated here, it sounds like you may have a claim for discrimination. It is improper for an employer to inquire about children and pregnancy during an interview. If you are interested in taking legal action against the company for this, you should consult with an attorney as soon as reasonably possible to determine whether you have a good claim and what you should (and should not) do to help preserve that claim. Our firm, like many others, offers free consultations.

  2. Mishka L Marshall

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    Answered . Your employer's questions about your pregnancy during the interview process may very well be evidence of pregnancy discrimination. With regard to the other positions that you either were not selected for or did not get after interviewing, more facts are needed to assess whether those decisions were discriminatory.

    One issue you should be aware of is the time frames involved in pursuing a claim for discrimination in Arizona. Your question did not state when the discrimination occurred. Generally, you would have 300 days from the date of the discriminatory conduct to file a charge of discrimination with the EEOC. For more information, you can check the EEOC's website, eeoc.gov, which provides a lot of information.

    I would also recommend you consult with an employment attorney licensed in Arizona. Good luck.

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