Do I have a case for pregnancy discrimination?
I went in to a very well known bank and asked them if they had any openings for teller positions? The representative that I spoke with said that they were going be having some come available and gave me the directions on what website to go to apply at. Right after that she looked at my stomach and said ” I wouldn’t bother applying though until after you have your child because I know for a fact they won’t hire you because you are pregnant.” My fiance was with me and heard everything. He said “oh really?” and she then admitted ” Yeah I know they aren’t supposed to but I know they will.”
Please give me any input or if you have a similar experience.
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4 Responses to Do I have a case for pregnancy discrimination?
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I absolutely believe what the teller told you is true, but it’s hearsay. If you have an impressive resume I would apply for the job. After you go over your qualifications, straight up ask them point blank, “Based soley on my qualifications, do you think I have what it takes to do this job?”
Next question, and with confidence, stand up and show your belly. “I am pregnant. Will you still hire me?”
Then hand them a copy of this webpage: http://www.eeoc.gov/laws/types/pregnancy.cfm with emphasis on this part:
Pregnancy Discrimination & Work Situations
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.
Then go home and document every thing, including facial expressions. Document that you brought up the pregnancy issue. Lay it all out on the table. If you don’t get the job, file a complaint with the EEOC.
Click here to learn how to document. Download “10 Things That Managers Do To Get Sued…And Lose In Court”
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What the bank lady said is not evidence. She could have been a disgruntled employee talking through her butt cheeks, for all you know. She could also deny she ever said such a thing, and you have no proof that she did. In any case, she is not in charge of hiring, so it doesn’t matter what she said, and you haven’t even been to an interview yet. So no, you have absolutely no case.
Even if you went through the interview process and didn’t get hired, you still wouldn’t have a case. You’d have to prove that you weren’t hired solely because of your pregnancy, which would mean you’d have to prove you were more qualified than ANY of the applicants who were hired instead of you.
I was laid off from my job the same week that I found out I was pregnant. I applied for about 30 jobs a week, I have an impressive resume with job longevity and experience, but all of them took one look at my stomach and I never heard from them. Its very hard to prove pregnancy discrimination. Since a person in HR didnt tell you that they weren’t going to hire due to your pregnancy, you really dont have a case. It took me five months to get a job and when I finally did, I signed a contract that only allowed me to have one week for maternity leave. The job payed really well and had good benefits and was flexible and they agreed to let me bring the baby to work sometimes so it worked out. Good Luck, I know its going to be hard. Your best bet is to go through a job placement agency and find a temp to permanent position until you have the baby. Again Good Luck
I wouldn’t want to work somewhere that did that to begin with. While it is a form of pregnancy discrimination, the fact remains that they spend a few months training you, then you’re off for 12 weeks. I don’t believe in discrimination, but most employers don’t hire someone, train them, then give them 10 or 12 weeks of vacation right away. I know this is not the same, but see it from their point of view….had you already been employed there and they fired you for no reason upon finding out you’re pregnant…that is definite discrimination! Look somewhere a little more pregnancy-friendly if you cannot wait until after you have the baby to begin work.