QUESTION
Can my manager ask me to resign because I'm pregnant?
Asked on Feb 28th, 2015 on Discrimination - Virginia
More details to this question:
I told him I was pregnant and he told me that i would need to resign my position. Reason being that I will not have time on the books to take 6 weeks off when the baby is born. Also that he hired me with the intentions that I would be there to cover the work load. I explained that I'm not incapable of working up until my due date. He continued to insist that I put in my resignation letter. Told me that i could work the rest of the day and come in on monday but I needed to have my letter on monday March 3, 2015.
1 ANSWER
The federal Pregnancy Discrimination Act makes it unlawful to discriminate against an employee based on pregnancy status. However, it only applies to employers with 15 or more employees. The Family and Medical Leave Act would also require the employer to give you at least six weeks off, if the employer has 50 or more employees and you have been working there full time for a year. There may be applicable state laws or local ordinances that could offer protection if the employer has a lower number of employees. These cases are very fact intensive. Please call us to schedule a consultation.
In the meantime, if you resign, even under some pressure, you may not be eligible for unemployment benefits, and a resignation may cut off your possible damages in a discrimination action.
Answered on Mar 03rd, 2015 at 10:56 AM