Have I been discriminated for pregnancy? I was "laid off" the day before I was to return.

Do I have a case for Pregnancy Discrimination? I was employed by the company for 4 years. I recently had a baby and was due to come back to work on May 22, 01. My position was Customer Service Trainer for the whole division. When I called my H.R. President, she set up a mtg. for May 21, 01 to tell me that my position had been filled and that my only options were to reapply for a csr position at 50% of the pay (I would still have to go through an interview) or to sign a release and separation agreement and receive severance pay for 4 wks. Also, please note that I had been off for three months due to pregnancy complications, some fmla, short-term disability, and long-term disability. The person who held my position previously had at one time been off for medical reasons for approximately the same amt of time or longer and they held the position open for her.

1 answer  |  asked May 23, 2001 08:48 AM [EST]  |  applies to Ohio

Answers (1)

Richard Renner
Book available on FMLA rights

Yes. I think you have a claim under the Family and Medical Leave Act (FMLA).

To win the pregnancy discrimination claim, you have to show that a man with a broken arm, off for the same time, would have had better treatment than you got. For the FMLA claim, you only have to show that but for the leave, you would have kept your job. The fact that the boss says your position has been "filled" shows that the leave did cost you your job.

Your time limit to sue is 2 years (although a judge can allow the claim up to 3 years after the discharge if the judge finds that the violation was wilful; but why wait?).

A great cheap ($12) book is available at:
http://www.workrightspress.com/fmla.html

posted by Richard Renner  |  May 23, 2001 6:31 PM [EST]

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