Am I being discriminated against because of my pregnancy?
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Am I being discriminated against because of my pregnancy?
About 7 months ago I received a promotion at my job alongside 2 co-workers. After we were all trained in, they were also trained into another position. I was asked if I was interested, however told them that I would love to train once they had the hours for all of us in that position. After disclosing my pregnancy to my employer approximately 8 weeks later I have not been scheduled a single shift in my promoted position. The other 2 employees in my position have been regularly given hours. It was disclosed to 1 of these 2 co-workers before she quit herself that the reason I had not been scheduled was due to the fact that management did not want to
Asked on October 1, 2018 under Employment Labor Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Can we say for certain that you are being discriminated against? No. But we can say that what you describe--
* Not being scheduled hours after you divulged your pregnancy, while others have been, showing that hours are available
* Interviewing others for a position/promotion which you had applied and were eligible for
--makes out a "prima facie," or on its face, case for discrimination, one that the employer would have to rebut by proving there were non-discriminatory reasons. It would be well worth your time to contact the EEOC to file a discrimination complaint with them, so they can look into this, and/or to consult with an employoment law attorney.
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