If I’m a pre-K teacher in a private daycare and had surgery and about 2 weeks ago, was it legal if my director asked if I could come in to meet with her and I found out that I was demoted?

My job description is totally different. I went from Lead to Assistant and from Pre K to Young 3 classroom. Basically I went from actual teaching to diaper changing.

Asked on September 17, 2019 under Employment Labor Law, Rhode Island


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It's not legal if the demotion was due to the surgery or the medical condition which required the surgery; such would be a violation of the law (e.g. the Americans with Disabilities Act) which bars employment discrimination on the basis of "disabilities." If you think this was the case, contact the state's equal/civil rights agency or the federal EEOC.
If the demotion can be shown to be due to an unreleated reason, such as poor performance at work, giving your former job to someone with demonstrably better experience or credentials, or a change in enrollment so that they did not need you in the former job, then it would be legal. The key is, it can't be related to the medical condition or surgery in order to be legal.

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.