Reply to Pregnancy Discrimination at work?

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[quote=Anonymous][quote=Anonymous][quote=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![/quote]

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. [/quote]

I'm not advising her and I did tell her to get a lawyer.  But I do want OP (stressed and pregnant with twins) to understand the realities of an employment discrimination lawsuit and to understand that just because she might have the makings of a case, it does not mean that she has to pursue it or that uncapped damages are just around the corner.  Good luck OP.  There are some great plaintiff's lawyers in town that will give you some great advice if you want to go that route. If Cashdan or Katz can't help you, they both have a whole network of colleagues they can connect you with.[/quote]

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