Pregnancy discrimination in 2022?

Anonymous

November 15,2022 at 1:17PM UTC

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Pregnancy discrimination in 2022?

My company went through restructuring with massive layoffs as a result. Entire teams were wiped out including my own. They placed me in a team and role I have no experience with and the new team is very toxic so I wanted to get out. In the meantime, I found out I am pregnant.

I found a new job and told my new manager about the pregnancy after receiving an offer. She told me she was not happy about that and that I shouldn’t expect her to congratulate me. Moreover, she said she wanted to talk to her boss and HR to see if “we need to talk more” but she never reached out again.

HR is telling me there will be no maternity leave since I don’t qualify for FMLA, although my state mandates 12 weeks of disability leave. HR says I don’t qualify for that.

Am I being discriminated against because of my pregnancy?

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AnonymousNovember 15,2022 at 1:31PM UTC
Was the new job in a different company or in a different division?
A different division you do qualify for FMLA if you have been with that company for one full year of employment and they have the more than a certain number of employees.
Different Company - NO on FMLA, as FMLA is a Federal law that requires companies over a certain number of employees to provide/allow FMLA after an employee has been employed for one(1) full year. It does not guarantee paid leave. It does allow you the time off and you can use vacation/PTO to help cover salary. If you have paid sick time, that can be used to cover the FMLA time to receive pay. As for your state and the mandated 12 weeks disability leave - I would suggest contacting your state's Employment Office to help with that explanation or consult with an employment attorney in your state.
JennyNovember 15,2022 at 2:29PM UTC
It is a different company and it doesn’t matter if FMLA is an option or not. According to an employment lawyer, I should qualify for 12 weeks disability and the reaction of the new manager can be seen as discriminatory
AnonymousNovember 16,2022 at 4:03PM UTC
I am sorry you have to go through this. The hiring manager reaction is a bad sign of the overall culture there. You might end up in a similar toxic environment…
FMLA is not an option for sure, but the HR might be right too. For example, if you are in New York, you are eligible for that 12 week leave only after 26 consecutive weeks of employment.
Shelly EdwardsNovember 15,2022 at 2:31PM UTC
I would say this is pregnancy discrimination, especially if your state has specific laws related to pregnancy and employment. The state of IL has the pregnancy discrimination act which prevents discrimination in hiring due to pregnancy. Setting that aside, I would say this company is showing huge red flags before you even start. They are correct that you will not qualify for FMLA, but pregnancy may still qualify under ADA and maternity leave may still be considered a reasonable accommodation under ADA. Any HR person worth their salt should know that, and any company who will provide a work life balance and truly value you as an employee will recognize that it would be a temporary hump to what could be a really great employment. I know you said your current team is toxic but this new company sounds just as toxic. I would avoid making the move.
AnonymousNovember 15,2022 at 7:37PM UTC
Yes, but so many companies Have HR people who don't know HR. I was at an event and was speaking with an Employment Attorney. She really loved the small companies when it came to benefits, Work force reductions, layoffs. Basically she said it was usually a slam dunk on finding something they did wrong in the process to what was offered or not offered. They usually did not invest or provide adequate training to their HR people.
So if the attorney the OP says it is illegal needs to work with that attorney and take what is rightly hers. But I would also say to the OP. Take what you can, but also be looking for another position while out on leave. I doubt that would be the company you will want to work for long term.
AnonymousNovember 16,2022 at 2:01PM UTC
If you won't have been there a year by the time you give birth then you don't qualify for FMLA. If you have not resigned from your current job I would totally turn down this new job offer - this doesn't sound like a place you want to be. Your current team may be toxic but you're probably better off staying there until you can find something better than this new place.
misskelleypNovember 16,2022 at 8:05PM UTC
That certainly sounds like discrimination to me. Additionally, if this is their reaction, I'm not sure I'd want to work there in the first place. You should consider a call to your state's department of labor - at least you can ask some questions.
AnonymousNovember 17,2022 at 1:46AM UTC
I would research your state online. As others stated you do not qualify for FMLA and you may not qualify for the state's specific leave. Your state should have a website with information on laws regarding pregnancy, disability, and leave eligiblity. You may want to do a consultation with a lawyer or call your state's employment office to clarify. If what they are doing is illegal you can file a complaint with the state and retain a lawyer. However, I would also look into another company as well. Being in another toxic environment is not great.
What your boss did was uncalled for and could come back to bite her later. If the HR and her boss are worth anything, my guess is that they told her to be quiet and not speak about it again or risk getting sued. Her comments to begin with could get the company in trouble.