What constitutes pregnancy discrimination?

13 Comments

1. AnonymousOctober 24,2024 at 10:00PM UTC

   Why jump to that, lawyer, do you feel you were doing well? JUST becuase you didn't receive negative feedback doesn't mean there wasn't performance concerns. What was shared on it and how does it attach to being pregnant? At the very least report the inappropriate response on it's own issue. Focus on that as the complaint, and then add in the coincidence of getting the poor review. If the points provided have concrete concerns proving pregnancy discrimination is tough to prove. You are still required to perform to expectations. good luck.

2. JB09718October 25,2024 at 12:14AM UTC

   Second this! Would also brush up your resume and whatnot too. Even if you retain a lawyer and all, your relationship with the company and your boss will never be the same.

3. AnonymousOctober 25,2024 at 12:39PM UTC

   Yes, this is inappropriate behavior (especially comments), and you should respond. There should be a procedure for responding to your performance review. If you go this route, my advice is to write your response, read it, tear it up, delete it, and then write it again. This helps you get the emotion out in the first draft, and the second time, you can focus on the content. If you have feedback in emails or other documents contrary to the review, include it. Make sure to include that the negative comments only appeared after you disclosed your pregnancy and you found that suspect. Copy HR on the rebuttal as performance evaluations (assuming this is your annual/scheduled intermittent review) are filed with HR. This will protect you from any action before delivery.

4. Sam OliverOctober 25,2024 at 1:00PM UTC

   YES lawyer up and file suit!!

5. AnonymousOctober 25,2024 at 2:29PM UTC

   Lawyer up - and ask for a contingency fee structure... you may have a smaller amount or no amount out of pocket up front. In my experience, if they are willing to take contingency, it may mean no out of pocket to you up front - but be ready to give up about 30% if you prevail.

6. AnonymousOctober 25,2024 at 2:43PM UTC

   Time to consult a lawyer. Assuming you have prior performance reviews that document your history as a solid employee until you disclosed this, he is discriminating against you. The majority of employment lawyers will do the consult for free (like 98% of them). They will determine if you have a case they feel they can win for you. Then they will take a % of the award. Get your documentation in order and please keep us posted. We're here to support!!

7. AnonymousOctober 26,2024 at 1:12PM UTC

   You can file a complaint with the EEOC, and file a complaint with your state Dept. of Labor as well as the federal Department of labor. You can also call and ask them

   what steps they may suggest but without documentation of the discrimination and/or a witness these cases are almost impossible to prove. You never know though, you might spark an investigation. Right now companies feel empowered to commit pregnancy discrimination and state courts are backing them up. Please remember if you live will to work state they can pretty say whatever they want as cause for termination and there is nothing you can do. If you do decide to get an attorney which is totally up to you, please remember lawsuits are open source, it will come up in a future background check. Sorry to be a negative voice, You have a noble fight, one I wish got more attention because it probably happens constantly and most women, just find another job and don’t complain, which is wrong. Discrimination against women especially pregnant women is nothing new but seems to on the rise, and companies are more bulletproof than ever. It is going to keep happening until the laws, state and federally,

   are stronger for women, which seems to never happen.

8. AnonymousOctober 27,2024 at 12:59PM UTC

   Looks like a duck and quacks like a duck.

   Print/email to personal previous positive/neutral performance reviews. Are the negative things in the current review totally fabricated or just normal errors inflated? Does your company have an HR?

   EEOC I believe is free.

9. AnonymousOctober 27,2024 at 2:04PM UTC

   Lawyer here: I've practiced employment law on both sides. Your employer has a problem. But only if you get a lawyer. This is not a case where you will be able to maximize the value of your position without a lawyer.

   Looks like you've concluded you can't use a lawyer because you can't pay fees. We deal with that all the time. Just look for a lawyer who can work with you on payment structure. They might do it for a percentage of what you recover. (1/3 is a fairly standard fee.) You can also try to put in a graduated structure -- 20% fee if they settle after a letter; 30% if you have to file suit; 40% if it goes to a hearing. But talk to some employment lawyers in your area.

   Disclaimer: This is not legal advice. I am a lawyer, but I'm not YOUR lawyer. I don't know all the facts. I don't know what state you're in and I might not even be licensed in your jurisdiction.

10. AnonymousOctober 28,2024 at 3:20PM UTC

    Lawyer up is the only way to go, comment from audience are good advice:

    1) discuss contingent
    2) strong evidence , list them
    3) quote federal criminal code for each evidence
    4) collect existing police notice : arrest, search, bail, charges, jail, jurisdiction
    5) ask law enforcement for warrants
    on assault, recidivists, felony, fugitives , robbery

11. AnonymousOctober 29,2024 at 4:30PM UTC

    Consult an attorney. Did you go to legal and or HR when he made that comment? Can you memorialize it during a specific time period or meeting. Definitely in your work email do this and also on your calendar add it as his comment but make it private. Email the memorialization to your own work email and also to HR/legal and blind cc yourself. Take that to the lawyer and get ready for what happens next. I would suggest that yes you will be able should they terminate you to have some sort of remuneration for this discrimination. Contact your state BAR association and find out if they have a consulting attorney program who can hear your story. Also consider filing a formal complaint with the EEOC which will hold them up from termination until a hearing and investigation.

12. AnonymousOctober 30,2024 at 1:09PM UTC

    we could connect his negative pregnancy comment to the review, or not...we don't know enough to judge. And, I HATE to say this, but if you work in an "at will" state, employers can terminate you for any reason at all, unless it's clearly discriminatory. But if it is discrimination, you have to PROVE IT. I tried do that once, thru the EEOC, and it became a 9 mos nightmare and I got nothing (EEOC agreed there was an issue, but I would hve to take my employer to court, at MY COST, to prove anything). So, unless you can clearly prove something- I would say to drop it. You are being treated unkindly but you are likely powerless to do anything about it. I am sorry, but being truthful to save you time and anguish.

13. AnonymousNovember 1,2024 at 3:04PM UTC

    Contact your EEOC office - File a complaint with them.

    Contact HR for your PIP - performance improvement plan and copy of documentation of previous discussions about your performance ( sounds like there will be none)