Pregnant and denied promotion...

Asked 6 months ago - Ontario, CA

I have a family member that is 5mths pregnant and has been working at the same place for going on 3yrs. She recently asked why her promotion was denied when shes more than qualified for it and they state its because shes pregnant even though this, as far she knows, isn't written anywhere is there still some action she can take? They have also reduced her hrs from 24 or so to about 8!

Attorney answers (7)

  1. Patrick John Phillips

    Contributor Level 17

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    Answered . Pregnancy discrimination is a form of gender discrimination and is illegal. Have your family member talk to an employment attorney as soon as possible to discuss her options proceeding forward.

    This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not... more
  2. Tuvia Korobkin

    Contributor Level 12

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    Answered . Tell your family member to contact an employment lawyer. It is illegal to discriminate or take any adverse employment actions against an employee because the employee is pregnant. However, a full consultation is necessary to determine whether she has any claims and what her options are going forward.

    Good luck.

  3. A Melissa Johnson

    Contributor Level 15

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    Answered . It is illegal for an employer to discriminate against or harass an employee because of her pregnancy. Your family member should contact an experienced employment lawyer and have this matter evaluated. The California Employment Lawyer's Association maintains a list of qualified attorneys. Follow the link to www.cela.org.

  4. Jonathan Aaron Weinman

    Pro

    Contributor Level 17

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    Answered . The conduct you describe is illegal. The difficulty will be in proving the lack of promotion and reduction in hours is because of the pregnancy. I have handled many similar cases and they all come down to the evidence, statements of the parties, witness testimony and veracity of the plaintiff. Your relative should definitely consult with an experienced employment attorney to discuss her options.

  5. Daniel Michael Holzman

    Pro

    Contributor Level 15

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    Answered . This is a fantastic case!!!! Her word versus their word is good enough!! Plus, she has great proof in the fact they dramatically reduced her hours. Her employer is one day going to pay dearly for doing this to her. Contact a good employment law lawyer. Lawyers will take this case on a contingency fee (you don't pay the lawyer unless you win). Her employer isn't very nice. Just when she gets great news her employer ruins it by doing this. They need to be sued and pay for this.

    Best of luck.

  6. Kristine S Karila

    Contributor Level 16

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    Answered . It is unlawful to discriminate against an employee BECAUSE she is pregnant. She will need to speak directly to an employment law attorney. Many of us offer a free initial phone consultation. There are also laws related to protected leave for any complications due to pregnancy and/or leave to give birth and bond with the infant.

  7. Navid Yadegar

    Pro

    Contributor Level 12

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    Answered . n California, it is illegal for an employer to discriminate against an employee based on gender. Discrimination motivated by pregnancy is a form of gender discrimination. Based on the facts presented, there seems to be a case of gender discrimination going on here. Your family member should promptly contact an experienced employment law attorney regarding this situation in order to review here legal options in this matter.

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