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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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