Is it legal for an employer to offer you a part-time job and cut your medical benefits after coming back from maternity leave when you were full-time prior to childbirth?

Asked on July 28, 2015 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The employer most likely may not due this *because* you were pregnant or had a child--doing so could constitute illegal gender-based or disability-based discrimination (since preganancy is treated as a disability), or retaliation for using FMLA leave (if you used such).

The employer may do this, however, for valid "neutral" reasons, such as a reorganization which occured while you were out; a loss of revenue, requiring cut-backs; or because when you came back, you told the employer you had limitations on your hours or business travel (if you ask to limit hours or travel, the employer may move you to a different or lesser job).

If you feel there was no valid "neutral" reason and that this was because of your pregnancy or leave, you should contact your state equal or civil rights agency or the federal EEOC, discuss the situation with them, and see about filing a complaint.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The employer most likely may not due this *because* you were pregnant or had a child--doing so could constitute illegal gender-based or disability-based discrimination (since preganancy is treated as a disability), or retaliation for using FMLA leave (if you used such).

The employer may do this, however, for valid "neutral" reasons, such as a reorganization which occured while you were out; a loss of revenue, requiring cut-backs; or because when you came back, you told the employer you had limitations on your hours or business travel (if you ask to limit hours or travel, the employer may move you to a different or lesser job).

If you feel there was no valid "neutral" reason and that this was because of your pregnancy or leave, you should contact your state equal or civil rights agency or the federal EEOC, discuss the situation with them, and see about filing a complaint.


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