Is it legal to take back a promotion after finding out the worker is pregnant and then promoting someone else?

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Is it legal to take back a promotion after finding out the worker is pregnant and then promoting someone else?

Recently, my SM found out our soon to-be ASM was pregnant, So my SM decided to cancel the promotion and promote someone else less capable,

even stating it was due to the pregnancy. Not only does that seem to be illegal in our state but we have a

Asked on November 1, 2018 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It is illegal. It is not legal to discriminate against people due to medical conditions or disabilities, and pregnancy is considered a temporary disability for this purpose. It is also illegal to discriminate against women in employment, and since only women become pregnant, it can be seen as anti-woman discrimination. To deny a promotion or rescind one due to pregnancy is therefore illegal, so this woman should contact the EEOC to file a discrimination complaint.


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