Can an employer deny a promotion to a more than qualified applicant due to pregnancy?

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Can an employer deny a promotion to a more than qualified applicant due to pregnancy?

I was denied a promotion to bartender, employer answered request by saying “I don’t want a big fat pregnant bartender”. I have mixologist certifications in 2 states, safe alcohol service certifications in 3 states including TX and TABC certification for TX. I had, prior to pregnancy, work as a bartender 1 weekday shift weekly and any special parties where extra bar staff was needed. The position was given to an 18 yearold server that was hired 2 months before myself and had no bartending experience what so ever.

Asked on March 16, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you write, you should consult with an employment law attorney--the law prohibits discriminating against women due to pregnancy, and if the employer stated he does not want "a big, fat pregnant bartender," and you have ample qualifications, then at first glance, it appears you did suffer such discrimination. Therefore, you may have a legal claim or suit, and should consult with an employment law attorney to investigate the possibility in more detail.


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