Pregnancy Discrimination at work?

[Anonymous]

Anonymous wrote:Wow, so thy employer tries to accommodate her and she gets mad

To a position she didn't request and at lower pay? How is that accommodating?

[Anonymous]

I agree with seeing a lawyer.
If not, besides documenting, you should send an email stating you want to stay in your current position - that way they can't lie and say it was your idea to go to a lesser position.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Wow, so thy employer tries to accommodate her and she gets mad

She hadn't asked for accomodation. assuming someone wants accomodation when they haven't asked for it is discrimination. As an asshole, surely you're familiar with people not treating you as you deserve to be treated?

Thanks for posting this!

[Anonymous]

They probably were planning to do this anyway and rehire the other woman and move you and are just using you as an excuse. Tuff it out, take your maternity leave, come back then find a new job. If they decrease your salary, then contact a lawyer but you will probably pay more in attorney fees than it is worth depending on the decrease.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Are the PPs attorneys? I don't think you need to consult an attorney at this stage, but you might want to call the EEOC and/or the DC Office of Human Rights (if you're in DC).

I am one of the PPs, and yes, I am an attorney. I think OP certainly needs to consult an attorney to get an idea of what her next steps need to be and how to protect herself while she still has her job! There are certain prerequisites for bringing an employment discrimination suit, and there are certain actions on her part that could be fatal to her ability to bring a claim if it gets to that point. If I was OP, I would want to have an understanding of how that works and what my options are. She can still call the EEOC and/or DC counterpart, but she needs to talk with an employment attorney, too.

Yes, I'm an attorney as well, and 100% agree. Unfortunately, it is all too common that people have legitimate claims, but their actions (they quit, they appear to agree to changes, they put something inaccurate or "bad sounding" in writing) screw up any chance of successfully getting redress. A good attorney can take a few hours and advise you on what to do, what to say to create a clear record that you are in the right. A call to the EEOC is not going to result in the same level of practical specific advice, and they are not your advocate - they frequently investigate complaints and find them unfounded, theoretically they are at least somewhat neutral.

[Anonymous]

Good luck, OP but I echo the sentiments of others that said you should have kept it to yourself. At least until the second trimester.

All you can do now is document, reach out to the proper agencies, and see how this goes.

[Anonymous]

Hi OP - I am so sorry you are having to deal with that. I agree with the other posters, I think it makes sense to talk to a lawyer and try to document whatever you can about what happened. Depending on what the lawyer says, you may want to just stay at your job till you have the babies and then re-evaluate. It sounds like it may be a difficult work environment, and you probably don't need that on top of having twins.

Congrats on your pregnancy! I had twins by IVF as well and my DH and I work full time. We found a nice in home daycare in our neighborhood that has worked out well.

[Anonymous]

Anonymous wrote:Im not sure if I would have a case... but I have to put it out into the world what I am going through at work since I got pregnant.

My manager has known that we were doing IVF, and has been really friendly about it in the last year. So when he asked me if this cycle worked, even tho it was a little early to be announcing, I told him yes... as a friend. He was out of town for the rest of the week. The following week when he came back to work, the day before my first ultrasound, he came into my office to let me know that they had re-hired the female I had actually replaced a year and a half ago, to take my position back. They had planned to move me to another position... I was extremely upset by this. He listed many reasons, one of them being "dont you want to have a less stressful position now that you are pregnant?" and "did you think that you would still be able to handle these hours after having the baby?". I was extremely upset, but tried to be understanding. The next day, we found out that we are expecting twins.

Because my manager had already told my co-workers that I am pregnant, I felt no reason to hide the fact that its twins... especially because I have been so extremely sick. The following day, I was called into a meeting with my manager and the owner. The owner told me "congratulations on the twins!" which was mortifying because I really didnt plan on him specifically knowing so soon. He then told me that they would be changing me to yet another position, and that he would try to keep my pay the same, but I might not make exactly as much. He said that it was nothing personal, they appreciate all that I have done, but its a business decision. He then sent me to talk to the Comptroller of the company, who will be my new manager. I sat down in her office, and her first words were:

"well, I was really excited to have you over here, that is until I found out you went and got pregnant. I dont want to train you just so you can turn around and leave." I told her, that the new position was very new information, and I am just trying to figure out what is going on, but at this time I have no intentions of leaving.... thats when she responded with "Sure... excepts its TWINS, what the fuck are you going to do with twins? You expect to still work?" At that point I lost it. Trying to handle the shock of twins myself, along with my work suddenly falling apart, and everyone knowing about my pregnancy before I was ready... I lost it. To which she responded "Are you going to come in here and cry everytime I yell at you?" I just apologized and told her its still very early in my pregnancy, and asked to be excused. She said she would decide if I could have the position or not... and that was that.

Its been two weeks now, I am 9 weeks 2 days pregnant. I was supposed to change positions at the beginning of the month, and nothing has happened. They hired the girl to replace me literally the same day the first told me, so she has been here, and we have been stepping on one another's toes... meanwhile everyone in my office knows what is going on... and I am not even sure if I am going to have a pay check next month... I am really worried. I dont know if the owner knows what the comptroller said to me... and I dont want to tell him because if I end up working under her. I dont need the extra enemy... I am just at a loss. I have no idea what to expect next.

Thanks for reading.

I do not believe a word of your post. No company would engage in such egregious behavior and leave themselves wide open for a lawsuit and a huge settement. Instead, it sounds as though you are either a troll or trying out your concocted story to sue your employer.

[Anonymous]

Anonymous wrote:They probably were planning to do this anyway and rehire the other woman and move you and are just using you as an excuse. Tuff it out, take your maternity leave, come back then find a new job. If they decrease your salary, then contact a lawyer but you will probably pay more in attorney fees than it is worth depending on the decrease.

If they were planning to do it anyway they really screwed themselves by asking her if she was pregnant before doing any of it. It's early and they only know because her boss asked. Why would a boss planning on moving/firing you seek out information that could lead to a discrimination suit?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Im not sure if I would have a case... but I have to put it out into the world what I am going through at work since I got pregnant.

My manager has known that we were doing IVF, and has been really friendly about it in the last year. So when he asked me if this cycle worked, even tho it was a little early to be announcing, I told him yes... as a friend. He was out of town for the rest of the week. The following week when he came back to work, the day before my first ultrasound, he came into my office to let me know that they had re-hired the female I had actually replaced a year and a half ago, to take my position back. They had planned to move me to another position... I was extremely upset by this. He listed many reasons, one of them being "dont you want to have a less stressful position now that you are pregnant?" and "did you think that you would still be able to handle these hours after having the baby?". I was extremely upset, but tried to be understanding. The next day, we found out that we are expecting twins.

Because my manager had already told my co-workers that I am pregnant, I felt no reason to hide the fact that its twins... especially because I have been so extremely sick. The following day, I was called into a meeting with my manager and the owner. The owner told me "congratulations on the twins!" which was mortifying because I really didnt plan on him specifically knowing so soon. He then told me that they would be changing me to yet another position, and that he would try to keep my pay the same, but I might not make exactly as much. He said that it was nothing personal, they appreciate all that I have done, but its a business decision. He then sent me to talk to the Comptroller of the company, who will be my new manager. I sat down in her office, and her first words were:

"well, I was really excited to have you over here, that is until I found out you went and got pregnant. I dont want to train you just so you can turn around and leave." I told her, that the new position was very new information, and I am just trying to figure out what is going on, but at this time I have no intentions of leaving.... thats when she responded with "Sure... excepts its TWINS, what the fuck are you going to do with twins? You expect to still work?" At that point I lost it. Trying to handle the shock of twins myself, along with my work suddenly falling apart, and everyone knowing about my pregnancy before I was ready... I lost it. To which she responded "Are you going to come in here and cry everytime I yell at you?" I just apologized and told her its still very early in my pregnancy, and asked to be excused. She said she would decide if I could have the position or not... and that was that.

Its been two weeks now, I am 9 weeks 2 days pregnant. I was supposed to change positions at the beginning of the month, and nothing has happened. They hired the girl to replace me literally the same day the first told me, so she has been here, and we have been stepping on one another's toes... meanwhile everyone in my office knows what is going on... and I am not even sure if I am going to have a pay check next month... I am really worried. I dont know if the owner knows what the comptroller said to me... and I dont want to tell him because if I end up working under her. I dont need the extra enemy... I am just at a loss. I have no idea what to expect next.

Thanks for reading.

I do not believe a word of your post. No company would engage in such egregious behavior and leave themselves wide open for a lawsuit and a huge settement. Instead, it sounds as though you are either a troll or trying out your concocted story to sue your employer.

Are you kidding? Of course they would. It happens all the time. Not sure what idyllic planet you live in, but it's not th US of A.

[Anonymous]

Anonymous wrote:OP here- Thank you all for the feedback. I hope that I didnt sound immature. This is my first pregnancy, and I recognize now that I should have kept it under wraps for as long as possible.

I appreciate all of the advice. I am due in January, so a large part of me wants to just stick it out until then. I feel like filing a suit would be very time intensive and the last thing I need is more animosity at work in the next six months. With a twin pregnancy, I really need to prepare for the unexpected, so I need to keep my FMLA in place, and even if my pay changes, its still an income. Pregnancy is stressful enough, I can't imagine seeking new employment, especially because I am already showing. I just wanted to know my options, and they seem pretty slim. Filing a suit means time off work, in addition to OB appointments and scans... I just dont see how it would be beneficial to us at this time.

All I can do at this point is see what happens.

Thank you for the advice.

Even if you don't plan to sue it would be helpful to get everything in writing and talk to a lawyer. If you change your mind you have enough evidence to proceed.

Also I would argue that even if the original poster wasn't financially harmed by her company's decisions the disparaging and condescending comments could constitute a hostile work environment

[Anonymous]

Anonymous wrote:

Anonymous wrote:Im not sure if I would have a case... but I have to put it out into the world what I am going through at work since I got pregnant.

My manager has known that we were doing IVF, and has been really friendly about it in the last year. So when he asked me if this cycle worked, even tho it was a little early to be announcing, I told him yes... as a friend. He was out of town for the rest of the week. The following week when he came back to work, the day before my first ultrasound, he came into my office to let me know that they had re-hired the female I had actually replaced a year and a half ago, to take my position back. They had planned to move me to another position... I was extremely upset by this. He listed many reasons, one of them being "dont you want to have a less stressful position now that you are pregnant?" and "did you think that you would still be able to handle these hours after having the baby?". I was extremely upset, but tried to be understanding. The next day, we found out that we are expecting twins.

Because my manager had already told my co-workers that I am pregnant, I felt no reason to hide the fact that its twins... especially because I have been so extremely sick. The following day, I was called into a meeting with my manager and the owner. The owner told me "congratulations on the twins!" which was mortifying because I really didnt plan on him specifically knowing so soon. He then told me that they would be changing me to yet another position, and that he would try to keep my pay the same, but I might not make exactly as much. He said that it was nothing personal, they appreciate all that I have done, but its a business decision. He then sent me to talk to the Comptroller of the company, who will be my new manager. I sat down in her office, and her first words were:

"well, I was really excited to have you over here, that is until I found out you went and got pregnant. I dont want to train you just so you can turn around and leave." I told her, that the new position was very new information, and I am just trying to figure out what is going on, but at this time I have no intentions of leaving.... thats when she responded with "Sure... excepts its TWINS, what the fuck are you going to do with twins? You expect to still work?" At that point I lost it. Trying to handle the shock of twins myself, along with my work suddenly falling apart, and everyone knowing about my pregnancy before I was ready... I lost it. To which she responded "Are you going to come in here and cry everytime I yell at you?" I just apologized and told her its still very early in my pregnancy, and asked to be excused. She said she would decide if I could have the position or not... and that was that.

Its been two weeks now, I am 9 weeks 2 days pregnant. I was supposed to change positions at the beginning of the month, and nothing has happened. They hired the girl to replace me literally the same day the first told me, so she has been here, and we have been stepping on one another's toes... meanwhile everyone in my office knows what is going on... and I am not even sure if I am going to have a pay check next month... I am really worried. I dont know if the owner knows what the comptroller said to me... and I dont want to tell him because if I end up working under her. I dont need the extra enemy... I am just at a loss. I have no idea what to expect next.

Thanks for reading.

I do not believe a word of your post. No company would engage in such egregious behavior and leave themselves wide open for a lawsuit and a huge settement. Instead, it sounds as though you are either a troll or trying out your concocted story to sue your employer.

NP here and I have gone thru a similar situation and had similar things said to me by a woman who was both my manager and acted as the head of hr. And it was a big company. It truly was unbelievable. In my case it both did and didn't work out as my previous manager heard what happened after I put in my notice and brought me back into her department part time under contract and from home. So that was awesome but It still negatively hurt me in that I made less money and when busineed slowed the person above her ended my contract when I was 7 months pregnant and impossible to find another job. So now I'm a sahm. Anyway I'm rambling but wanted to say I 100 percent believe op.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Im not sure if I would have a case... but I have to put it out into the world what I am going through at work since I got pregnant.

My manager has known that we were doing IVF, and has been really friendly about it in the last year. So when he asked me if this cycle worked, even tho it was a little early to be announcing, I told him yes... as a friend. He was out of town for the rest of the week. The following week when he came back to work, the day before my first ultrasound, he came into my office to let me know that they had re-hired the female I had actually replaced a year and a half ago, to take my position back. They had planned to move me to another position... I was extremely upset by this. He listed many reasons, one of them being "dont you want to have a less stressful position now that you are pregnant?" and "did you think that you would still be able to handle these hours after having the baby?". I was extremely upset, but tried to be understanding. The next day, we found out that we are expecting twins.

Because my manager had already told my co-workers that I am pregnant, I felt no reason to hide the fact that its twins... especially because I have been so extremely sick. The following day, I was called into a meeting with my manager and the owner. The owner told me "congratulations on the twins!" which was mortifying because I really didnt plan on him specifically knowing so soon. He then told me that they would be changing me to yet another position, and that he would try to keep my pay the same, but I might not make exactly as much. He said that it was nothing personal, they appreciate all that I have done, but its a business decision. He then sent me to talk to the Comptroller of the company, who will be my new manager. I sat down in her office, and her first words were:

"well, I was really excited to have you over here, that is until I found out you went and got pregnant. I dont want to train you just so you can turn around and leave." I told her, that the new position was very new information, and I am just trying to figure out what is going on, but at this time I have no intentions of leaving.... thats when she responded with "Sure... excepts its TWINS, what the fuck are you going to do with twins? You expect to still work?" At that point I lost it. Trying to handle the shock of twins myself, along with my work suddenly falling apart, and everyone knowing about my pregnancy before I was ready... I lost it. To which she responded "Are you going to come in here and cry everytime I yell at you?" I just apologized and told her its still very early in my pregnancy, and asked to be excused. She said she would decide if I could have the position or not... and that was that.

Its been two weeks now, I am 9 weeks 2 days pregnant. I was supposed to change positions at the beginning of the month, and nothing has happened. They hired the girl to replace me literally the same day the first told me, so she has been here, and we have been stepping on one another's toes... meanwhile everyone in my office knows what is going on... and I am not even sure if I am going to have a pay check next month... I am really worried. I dont know if the owner knows what the comptroller said to me... and I dont want to tell him because if I end up working under her. I dont need the extra enemy... I am just at a loss. I have no idea what to expect next.

Thanks for reading.

I do not believe a word of your post. No company would engage in such egregious behavior and leave themselves wide open for a lawsuit and a huge settement. Instead, it sounds as though you are either a troll or trying out your concocted story to sue your employer.

+1

This was my reaction as well and I have worked in corporate environments for decades in various positions.

There is no way that these managers would open themselves up so blatantly to a lawsuit. You have a situation where OP's immediate manager, the owner of the company and the Controller have all allegedly made undiluted discriminatory comments that creates legal exposure. This is not to deny there is discrimination against pregnant women in the workplace but it is just not revealed in such an obvious manner.

Even smaller companies are informed in today's environment on what can and cannot be said to an employee because the risk of legal exposure is so great.

I don't know if OP is a troll but I seriously doubt her version of the meetings with different managers. As it now stands, unless OP has independent verification of the events, the managers will just deny they ever told her these things and it would be her version against theirs.

[Anonymous]

I'm an employment attorney - used to do Plaintiff's work, now work at one of the agencies listed in prior posts (kind of don't want to out myself by saying more in that regard, but this type of fact pattern is what I do every day.)

First, I'm really sorry OP. This must be so stressful. The first piece of practical advice I can give you is that nothing is illegal until an adverse employment action is taken. The comments alone are not illegal, they just serve as evidence of a motive in the case that you are demoted/fired etc. If you stay in limbo like you are right now, it may be uncomfortable, but no law has been broken. PPs are right that documentation is important, but you're never going to get a statement like this in writing. If you want to be serious about protecting a possible claim you need to complain in writing and use the words "pregnancy discrimination." This is not the time to hedge or be polite. Anything less will be used by your employer later to show that you had a personality conflict and never even used the word discrimination.

Once you go down this path things could get worse. As an employment lawyer I always say (to myself and my friends) never sue your employer. It is so unpleasant and very very stressful. Honestly I would advise you to get out now. You're not showing yet, you will have time to interview and get in somewhere before it will be obvious. I know it's not ideal (and be aware that if you're counting on FMLA for maternity leave you won't qualify at a new job) but it sounds like a bad situation where you are. FYI DC Givernment employees get 8 paid weeks of maternity leave now. You may want to look there. To make things more complicated though, if you have any intention at all to sue do not quit. It is a death knell to your case basically.

I don't mean at all to sound callous - this must be really tough. But I also want you to understand that it's an uphill battle and can be very unpleasant. If you do want to take action, yes find a lawyer. Then go to the DC Office of Human Rights not the EEOC. They have mandatory mediation, which means the employer is obligated to participate. Your best hope is a new job and a small settlement for your troubles. As your case stands now, you probably won't win. There just isn't going to be any evidence.

Try David Cashdan for a legal consult.

And congrats on the twins! It will be OK!

[Anonymous]

Anonymous wrote:I'm an employment attorney - used to do Plaintiff's work, now work at one of the agencies listed in prior posts (kind of don't want to out myself by saying more in that regard, but this type of fact pattern is what I do every day.)

First, I'm really sorry OP. This must be so stressful. The first piece of practical advice I can give you is that nothing is illegal until an adverse employment action is taken. The comments alone are not illegal, they just serve as evidence of a motive in the case that you are demoted/fired etc. If you stay in limbo like you are right now, it may be uncomfortable, but no law has been broken. PPs are right that documentation is important, but you're never going to get a statement like this in writing. If you want to be serious about protecting a possible claim you need to complain in writing and use the words "pregnancy discrimination." This is not the time to hedge or be polite. Anything less will be used by your employer later to show that you had a personality conflict and never even used the word discrimination.

Once you go down this path things could get worse. As an employment lawyer I always say (to myself and my friends) never sue your employer. It is so unpleasant and very very stressful. Honestly I would advise you to get out now. You're not showing yet, you will have time to interview and get in somewhere before it will be obvious. I know it's not ideal (and be aware that if you're counting on FMLA for maternity leave you won't qualify at a new job) but it sounds like a bad situation where you are. FYI DC Givernment employees get 8 paid weeks of maternity leave now. You may want to look there. To make things more complicated though, if you have any intention at all to sue do not quit. It is a death knell to your case basically.

I don't mean at all to sound callous - this must be really tough. But I also want you to understand that it's an uphill battle and can be very unpleasant. If you do want to take action, yes find a lawyer. Then go to the DC Office of Human Rights not the EEOC. They have mandatory mediation, which means the employer is obligated to participate. Your best hope is a new job and a small settlement for your troubles. As your case stands now, you probably won't win. There just isn't going to be any evidence.

Try David Cashdan for a legal consult.

And congrats on the twins! It will be OK!

As a former plaintiffs employment attorney myself I am uncomfortable with the detail of the advice you are giving here. OP needs to see a lawyer - they have already threatened to demote her and lower her salary, which are absolutely illegal acts. No reason to decide to settle for a "small" amount at this pont either. Typical damages could be much more than "small." Go with one of the more aggressive attorneys in town like Debra Katz.