QUESTION
How can I file for pregnancy discrimination?
Asked on Mar 09th, 2013 on Labor and Employment - Colorado
More details to this question:
On October 20, 2011, I left for my maternity leave. My last day of actual work was October 9, 2011. I delivered my son early on October 29, 2011. I was going to return to work after my regular recovery time (8weeks from a C-section) but on October 20, my 7-week-old got severely sick and ended up in the PICU on a respirator for 2 weeks total 3 weeks in the hospital. I contacted my employer to inform them I was taking my bonding leave right away, putting my return to work on February 3, 2012. My boss said there was no problem with that and not to worry we would set up my scheduled the weekend before and just to call or stop by right before I would come back. After a week out of the hospital, my son went back in the PICU for another week. I also contacted my employer to notify him that we were back in the hospital and that I would still return on the 3rd. When I contacted my employer on the 1st to talk about the return and what time was best, I was told it wasn't a good time to start back and to come into the office the following weekend to set up my schedule. When I went into the office, I was told by my manager that he had put his two-week notice in the weekend of the 3rd and that they were letting almost all of the employees from that off go. I grabbed an application to give to the manager who would take his place and went home and filed for unemployment on February 12, 2012. I was contacted by unemployment on or around February 25, 2012 notifying me that I did not qualify for unemployment because I quit my job for no good reason on October 9, 2011. I was confused so I contacted my old manager on his Cell and he informed me that that was correct that the company let me go when I left on my 'maternity leave'. He also added that I should contact someone about it and that I had his full support if I needed his help with anything. I also tried to contact the company itself to get the information on my release date but they refused to help me. I put in the appeal for unemployment.
6 ANSWERS
You should consult with an attorney experienced at handling Pregnancy Discrimination Act claims in Georgia. You may also have good grounds to appeal the denial of your unemployment insurance benefits.
Answered on Mar 11th, 2013 at 1:41 PM
Affirmative Action Attorney serving Oakland, CA
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Burton Employment Law
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If you would like to file a claim for pregnancy discrimination, you must first file a discrimination claim with the California Department of Fair Employment and Housing or the United States Equal Employment Opportunity Commission. The administrative claim must be filed within one year of the discriminatory event.
Answered on Mar 11th, 2013 at 1:40 PM
Steven Lee Miller
Was there more than 50 people that worked for the company? Assuming yes, prior to taking time off, had you worked there the previous year, full time? If the answer is yes, you are entitled to 12 weeks off under the family medical leave act. However that does not even seem to be the issue here. Here you got permission from the company to take the time off that you did. You were also under the assumption and belief, that you were still employed, at least until February, when you after your manager was let go, the company then takes the position you were let go in in October, which is bizarre. Were you offered Cobra (I assume you get medical) back in October? I would assume you were not. As a result, that does not seem consistent with quitting or being let go then. I think you have an interesting case for wrongful termination. You should find a wrongful termination attorney in your area. I would also appeal your unemployment compensation ruling.
Answered on Mar 11th, 2013 at 1:40 PM
Labor & Employment Attorney serving Foothill Ranch, CA
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Gokal Law Group, Inc.
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It sounds like you may have a case against your former employer for wrongful termination. I recommend contacting an employment attorney.
Answered on Mar 11th, 2013 at 1:40 PM
A pregnancy discrimination claim must be filed within 300 days of the date when you were discriminated against which seems to have been in February 2012 at the latest so you probably are beyond the deadline to file. Ideally, you would have contacted an attorney much sooner about a year ago. You could contact the Wisconsin Equal Rights Division at 608/266-6860 and talk with someone who may be able to assist you if you may have not missed the filing deadline.
Answered on Mar 11th, 2013 at 1:39 PM
Business and Class Action Litigation Attorney serving Denver, CO
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Kutak Rock LLP
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First, you need to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), which you can do either with, or without an attorney. Once you file the charge, the EEOC will open a file and investigate the matter. This should provide you with at least some of the information you have been seeking. Once the EEOC completes its investigation, you will be issued a Notice of Right to Sue which will give you the opportunity to brings claims against your former employer for wrongful termination, should you choose. In the meantime, you should list your former manager as a witness in your unemployment appeal hearing if he is really willing and able to help you.
Answered on Mar 11th, 2013 at 1:38 PM