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

Answers:

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.


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