Fertility/pregnancy discrimination at an organization that “supports” women?

Fertility/pregnancy discrimination at an organization that “supports” women?

Sorry for the long post but there's a lot to outline...

I’ve been at my current organization for 4 years and have always had excellent performance reviews and have worked incredibly hard to “prove myself” in the earlier years.

I intentionally sought out my current organization for its fully remote workforce and its mission to support women in their careers - something I desperately desired in my career as I was planning on having children soon and wanted the flexibility and support that seemed guaranteed at this organization.

When I received the offer to join my current organization, they did not have a formal paid parental leave policy as most of the employees were a bit older and already had children. I was the first employee approaching their childbearing years, so as part of my offer I negotiated 3 months of paid parental leave (especially since as a small company there are no other health benefits offered).

In 2022, as my partner and I tried to expand our family, I had two subsequent miscarriages (not to mention other very difficult family issues including the prolonged hospital stay of a mentally and medically unstable family member and the death of my father in law). In short - it was an incredibly difficult year. I needed to take some away from work and went to about 60% part-time from August to December with the intention of always returning to a full-time work schedule. I still worked hard and delivered excellent results during this period.

In January 2023, I had grieved and recovered enough that I was ready to begin ramping back up, although I informed my employer that I was starting to undergo fertility treatments and still needed the flexibility for those appointments. They seemed amenable to this.

In early April 2023, two days after I returned I returned from a planned vacation, I was informed that we were in “cash conservation” mode due to the Silicon Valley Bank collapse and other economic concerns. During this discussion, what seemed like a request was made for me to consider going to 50% time and compensation. Later, it became clear that this was not in fact a request, but something I had no choice in the matter, and that there was no definitive date for when my hours and compensation could return to full-time. (And, by the way, we are hiring 2 new business development executives to try to boost revenue - no doubt my compensation cut subsidizing the base salary of these individuals). I was only 1 of 2 employees affected by this 50% decision.

For a multitude of reasons, this news of course has prompted me to start a new job search. Here’s the kicker though…I’m now 9 weeks pregnant with what seems to finally be a viable and healthy pregnancy. My previously negotiated 3 months of paid parental leave at my current organization is in limbo…I can’t afford to stay at 50% pay indefinitely, nor would it be “fair” for me to take this leave at 50% of my pay when I’ve been working full-time for the majority of my tenure. And because I’m already pregnant, my options for now obtaining paid parental leave at a new employer are threatened by the eligibility period for those benefits. So it’s hard to feel like my current employer has completely ruined any chance of collecting on a benefit I have been long anticipated using - either at my current employer or any future employer.

I realize that there are often very difficult business decisions that need to be made, and that my employer also could’ve laid me off completely instead of the 50% cut…but it’s also put me in a very difficult position…financially and in my ability to share details about my complicated employment situation with my network and prospective employers, including details I’m not quite ready to share yet about the status of my pregnancy, for fear of continued pregnancy discrimination during the hiring process.

I’m open to any and all advice on what I should do, or what I even can do.

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15 Comments

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  1. Anonymous

    You have certainly been through a lot and managing all of your external situations and trying to fit them into very few and rather rigid boxes with an employer is very challenging. In addition, when an organization is losing money, and doing layoffs, management is often not at their best, especially in soft skills areas. In my experience, your leave of absence benefits are based on your employment status the day before the leave occurred. Unfortunately, that would mean it would be a 50% leave of absence. I suggest you are pragmatic about your options and then pick the one which gives you the most peace, discarding those that seem unlikely or unattainable i.e. leave at 100%. The degree to which your pregnancy status will impact your ability to get job offers is dependent on who else applies for the job and whether or not you disclose your pregnancy status. There are certainly employers that will be hesitant to offer you a position if they know you are pregnant. However, often those organizations are not family friendly in other ways and, fair or not, you would be saved from a bad fit. Congratulations on your pregnancy and best wishes for good outcomes all around.

  2. Anonymous

    Contact an employment lawyer to get their advice. They often take pregnancy discrimination cases on contingency and will help you navigate how to protect yourself.

  3. Anonymous

    OP here - thanks, I'm thinking about this but not sure I want to open that can of worms (for my own mental/emotional health)!

  4. Anonymous

    I wholeheartedly understand. I went through a similar situation and won my case. I never had to interface with my former employer- my lawyer handled it all. My settlement was a significant amount of money that is allowing me to have the maternity leave I was promised. Just something to think over.

  5. Kimberley Ferretti Hammett

    I want to give you a hug...
    you are carrying so much! It makes sense if this all feels incredibly heavy. I want to point out a couple things I read that I think could benefit you to bring your awareness to.

    1- You specifically sought out a role and organization that fit your standards and you successfully secured that position, on your terms, and have performed! That, my friend, is an INCREDIBLE feat all in its own. You have not only the talent for the job, but the capability of marketing yourself to fit that in where it best fits your personal goals. Seriously, bravo.

    2- You have planned and strategized and over the last 4 years, been hit with one unexpected obstacle after another (and some at the same time). You have bent and adjusted and continued to stand back up and reset your course. You have been very resilient and it makes sense that you're not ready to bend again.

    I don't have an answer for you what you should do next. I think only you have that. I only want to tell you whatever you do, the outcome will not reveal if it was a "right" or "wrong" answer, only your reaction to it will. By that I mean, you can't fully control or predict the future, but you're capable of navigating any situation you are put in and coming out on top. Unfortunately, life is made up of a bit of chaos (which seems to be universally growing lately) and we only have so much control. The number one skill for surviving these uncertain times, you already have and that is resilience. Trust yourself. It will come in handy when you become a momma too.

    I feel a bit kindred with you since in the last couple years I also lost my father-in-law, miscarried at 13 weeks, and dealt with a lot of uncertainty and stress in what was once a great work environment. It's easy to get in the weeds and wish you could just know what the next right thing was. Try taking a breath and a step back to see the situation more clearly and hopefully your gut will guide you!

    Wishing you all the clarity and comfort. Good luck <3

  6. Anonymous

    Not the OP here yet wanted to say THIS is the type of response that we need more of on FGB. This is what support looks like. Thank you.

  7. Anonymous

    I am the OP and I agree 100%. Thanks!

  8. Anonymous

    OP here - thank you so much. This was so very uplifting and encouraging to read and full of great advice and made me feel really good. I appreciate you so much and just feel seen, so thank you!

  9. Mary Pool

    Wow, what a challenging year you have had. My only advice is to do what is best for your mental and physical health. I’d tell a future employer that you are pregnant (after you receive an offer) and your expectations on leave and flexibility. This gives you the benefit of knowing how they will treat you ahead of time. You are already in a suboptimal position, so there is no need to trade it in for another position lacking what you need. Sounds like your current situation is safe, so there is no rush. Enjoy your pregnancy, and let things work out as they will.

  10. Anonymous

    OP here - thanks for your kind words and thoughts. Yes, I certainly don't plan on disclosing I'm pregnant during the hiring process, but I also want to prioritize employers that offer parental leave on an "immediate eligibility" or very limited tenure requirements basis for those that do offer it. Once I get to a certain point in my pregnancy though, I feel like I'll have no choice but to forgo any hope of receiving parental leave, but for now it's the main factor I'm prioritizing in my job search. Thanks again for your advice.

  11. Anonymous

    Firstly congratulations on the pregnancy and that should be your focus 100%. I do realize with the state of the market and that unfortunate bank collapse it doesn't help your situation based upon the details that you shared, but unless the company has the financial wherewithall to keep you at 100% you kind of have no choice but to move into the 50% have your child and then consider what to do next. If you look for a new role now which you can do as well, I would propose going onto places like blind of glassdoor and see who offers solid leave arrangements for when you need time away for the delivery. You could also stay where you are and look to have state coverage for parental leave if you are eligible based upon where you are located. Wishing you the best as you navigate these decisions but the baby news is the best news that should be foremost in all options.

  12. Anonymous

    Thanks - no state coverage for parental leave where I am. I am trying to focus on the pregnancy but also have to make an income to support said pregnancy and fertility bills haven't been cheap so I can't focus on it 100% as much as I would like to.

  13. Susan Myers

    Bless your heart!! As a struggling mom with fertility issues my heart goes out to you. Unfortunately, the options may be limited but I would give up on the agreed leave granted when you interviewed. Is there anything in writing or anyone who was involved with the agreement still at the company. You should seek legal counsel, check FMLA laws in your State, talk to Dept. of Labor, EEOC, basically anyone that will listen and can give solid advice. Wishing you all the best as you tackle this things, Also wishing you lots of sticky fingers, wet kisses and laughter that can only come with loving a little one. :)

  14. Susan Myers

    Sorry, "should have said, wouldn't give up."

  15. Anonymous

    OP here - thanks very much. The paid leave is documented in my original offer letter (although my compensation has fluctuated up and down over the years as I've been promoted, then taken time off etc.) but I'm also an at-will employee...which I understand to mean they can terminate me or change compensation at any point unless they do it for an illegal reason...which I think is going to be very difficult to prove. FMLA is not applicable as we are under 50 employers. I am considering researching the other pathways though but honestly I'm just hesitant to begin any legal action that likely would create further distress and work for me. Thank you for your insight, advice and kind words though.

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