Can my employer demote me while I’m pregnant or do they still have to pay me the same?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my employer demote me while I’m pregnant or do they still have to pay me the same?
I am 4 months pregnant and work for a company that owns a bar ;I’ve worked in the bar for almost 2 years. I know they can’t fire me just for being pregnant but can they put me in another position that pays less just because I am pregnant? I can still do my job but I’m worried that they think I can’t because my needs are different (sitting down more often, pee breaks, mood swings). If I refuse to take the lesser paying job can they fire me or do they have to pay me the same in that temp position?
Asked on January 19, 2012 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This is a factual question. You say, for example, that you have to sit down more often, take more breaks, and are having mood swings. If these factors prevent you from effectively doing your job--for example, you are a waitress or bar tender, and sitting down and taking breaks more frequently, or having mood swings which effect customer interaction, mean that you can't do the job properly--then they are entitled to offer you a different position; and if that position pays less (i.e. it would pay less for anyone who held it, not just a pregnant woman), the that would likely be legal. While an employer cannot discriminate against a pregnant woman, it also does not need to retain her in or pay her for a position she cannot actually do.
On the other hand, if you are right and you can do your job, and the factors you describe do not have any material or significant effect on your doing it, then they would seem to have to leave you in your current position.
Thus, the issue is whether, objectively speaking, you are able to do the current position or not.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.