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pregnant Workers fairness act violation?

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Montana Brewer

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pregnant Workers fairness act violation?

im currently on maternity leave. Earlier this year, our goals were shared with each of us (I’m in sales) and they’re based on a full 12 months. It’s important because once you hit a certain percentage of your goal, your commission percentage changes. I asked my boss if mine would be prorated as I would be gone for 12 weeks. He didn’t know, hadn’t even considered it, and went back to the person who is in charge of setting the goals. When he came back he said it would not change. I mentioned this to my mom yesterday and she said it sounds like discrimination and knowing what I know about the pregnant workers fairness act, this does seem like it could be a violation. Does anyone have experience with this? I’d like to raise it in an email to my boss while I’m on leave (it needs to be in writing) so advice on what to say would also be appreciated. I don’t want to go directly to starting a claim, more want to threaten the potential of a violation and get HR involved so

my goal is adjusted fairly.

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  1. Tarra Reynolds

    My advice would be to go ahead and speak to your HR manager about your concerns. He or she will likely agree with this assessment and get involved to help the managers understand the situation better and ensure they are compliant (and that your goals are adjusted).

  2. Anonymous

    It does not sound like discrimination or a violation of the pregnant workers fairness act. I don't think prorating your goals would be a reasonable accommodation because you're talking about hitting a bonus level, not an assessment of your performance. If you received a negative performance assessment, that would be a violation.

  3. Montana Brewer

    My commission is 50% of my on target earnings, it’s not a “bonus” and missing goals factors into performance assessments (and compensation)

  4. Anonymous

    Doesn't sound like any discrimination issue. 12 weeks out of 52? Being paid on performance and how your sales roll is described, what is the root of the concern? Being able to perform? They needing to stay fair and consistent matters. I see where commission % shouldn't be adjusted down, but nothing else is a red flag, from what you've shared.

  5. Montana Brewer

    The root of my concern is if I don’t hit a certain percentage of my goal then I miss out on a higher commission percentage which is basically guaranteed since I will not be there for a quarter of the year. For instance, when I started there in April of the year, I was given a prorated goal for that year since I obviously wasn’t there for the whole time. Not sure why this would be different especially as there will be a re-ramp up period when I return.

  6. Anonymous

    Basically guaranteed, then what's the point of setting commission goal percentages, IMO I think you would benefit from learning more. Good luck. Again, no discrimination points shared on your snapshot. Focus on your little one on the way.

  7. Montana Brewer

    I meant it’s basically guaranteed that I will NOT hit my goal and I will miss out on the higher commission percentage since I am not there for 1/4 of the year. The commission is definitely not guaranteed.

    I have been researching, hence my post to see if anyone has also experienced this. the PWFA requires reasonable accommodations (changes in the way things are usually done at work) to known limitations arising out of childbirth unless the accommodation will cause the employer an undue hardship. this is a known limitation.

    My little one is 5 weeks, I’m very focused on him, which is why I want to make sure I can provide financially for him the best I can, thanks!

  8. Anonymous

    I believe that is while you are out of the business, if you come back to the same role those expectations should be the same, and yes, I can see goal adjusted for time out if it's more than 2 weeks, that is a regular practice. After having a little one there aren't required exceptions to being a parent for what any role expectations are, fyi. If you are seeking an accommodation that would be a reduced schedule or even stepping down in a different role possibly status. Those expectations would change in that move. Also, accommodations are to be looked at as short term, if you want a forever one you normally need to step out of role that has those expectations. I think it's ok to reach out on here, but you need to lean into your organization more, as on here we all have different pov's, experience and expertise.

  9. Anonymous

    The only violation I could see here is if you got negative performance revi was. No one owes you a special bonus structure bc you had a child. .

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