What to do if I go on maternity leave ina month and because of that I will not be given a promotion I am told I am more than qualified for?

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What to do if I go on maternity leave ina month and because of that I will not be given a promotion I am told I am more than qualified for?

I have been trying to get a promotion to a hourly management position for over a year now. I am fully trained for the position and train other people for the position as well. But my work will not give me the raise or promotion. I did recently have an interview for the position but was told in these words exactly, “I am more than qualified for the position but will not be giving the promotion or raise because I am leaving soon for maternity leave and will be on LOA for 2 months”. Is this discrimination?

Asked on November 21, 2011 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This may well be either discrimination or retaliation, and therefore you may be entitled to the promotion or to compensation:

1) It is  illegal to discriminate against women in employment; this includes discriminating against them because of pregnancy or child birth.

2) If you are using Family and Medical Leave Act leave, it  is illegal to retaliate against you in employment for doing so.

From what you write, it would be worthwhile for you to consult with an employment law attorney to evaluate your rights and options.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This may well be either discrimination or retaliation, and therefore you may be entitled to the promotion or to compensation:

1) It is  illegal to discriminate against women in employment; this includes discriminating against them because of pregnancy or child birth.

2) If you are using Family and Medical Leave Act leave, it  is illegal to retaliate against you in employment for doing so.

From what you write, it would be worthwhile for you to consult with an employment law attorney to evaluate your rights and options.


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