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View Full Version : No Raise or Promotion b/c I'm PG -New Jersey


IrisLee
11-16-2006, 09:59 AM
I'm currently 5 mos. pregnant.
I accepted a new position back in March with the understanding that in six months my position would be changed (moving up a title) along with a pay increase. This was to take place in October. (I have been doing the position without the title and increase since March b/c they wanted to make sure that I could do it).

At the same time my co-worker (male) was moved to the same position as mine with the same salary as mine and with the same understanding. It is now the middle of November and my co-worker has received both the title and pay increase.

I was told off the record by my Mgr (who I am very open with) that he knows the reason I will not get a raise or title change now is due to my Pregnancy and they are not going to do anything until I get back from my maternity leave.

I have been advised by my VP to formally request an increase with all my documentation that I deserve a raise (my co-worker NEVER had to do this). I was told that they can still deny my increase and use the excuse of I'm not doing the job of a higher position (mind you is the same position that I have been doing since March). I have received numerous praises from my superiors and the client itself.

Do I have any recourse here? I am so livid right now. I have worked so hard and so many nights to make sure the client is satisfied with us (and they are). I can't believe they are pulling this.

Beth3
11-16-2006, 12:29 PM
I have been advised by my VP to formally request an increase with all my documentation that I deserve a raise Huh? The VP (or your immediate manager) ought to be doing that,not you.

Do I have any recourse here? Yes. You can go to your HR representative and inform them that you believe (and that you've been told) that you are being discriminated against because you are pregnant. If that doesn't result in your employer making things right, then you may file a complaint of prohibited discrimination with your State's equal rights division or the federal EEOC.

The relevant federal statute is the PDA (Pregnancy Discrimination Act.)

HRGuru
11-16-2006, 12:34 PM
The federal laws which prohibit pregnancy discrimination and provide for disability and parenting leaves are Title VII of the Civil Rights Act of 1964, which includes the Pregnancy Discrimination Act of 1978, (see section 2000e(k) of the law for the specific language concerning pregnancy) and the Family and Medical Leave Act of 1993 .
Title VII covers many forms of discrimination you may encounter because of your sex in decisions about hiring, firing, work assignments and conditions, promotions, benefits, training, retirement policy and wages. In 1978, Congress passed the Pregnancy Discrimination Act (P.D.A.) amending Title VII to clarify that discrimination based on pregnancy is a form of sex discrimination. Title VII prohibits employers from treating pregnant women or temporarily physically disabled new mothers differently from other temporarily sick, injured or disabled employees.
Are you able to provide documentation that you were guarenteed a pay increase upon a positive review in October? You may be able your argue breach of contract (which I know nothing about) since, it is not going to be easy to prove that your employer is not promoting you or increasing your wage due to your pregnancy. However, the fact that a male employee was given the same "deal" could lead you to a gender discrimination claim... again that is also difficult to prove.

My suggestion is to do exactly what they ask you to do, (present a proposal) regardless if another employee (male or female) wasn't require to do the same thing. ( there may be more to his story then you are aware of ) Then they will have no reason not to address the issue with you.
It is quite possible that your employer may try to claim that you didn't "deserve" the promotion or raise due to your performance. The only way that they can justify this "excuse" is to be able to provide you with documentation of your poor job performance - whether it is official write-ups, performance reviews, email communication; just about anything. Of course, don't ask them to provide this to you, until they use the performance excuse, because it is in your best interest that they don't have any documentation. Now you would have more reason to believe this is pregnancy / gender discrimination. So, should they still deny you the promotion, without cause or documentaion, and you feel discriminated against, you should file a claim. The Equal Employment Opportunity Commission (EEOC) is the agency of the federal government responsible for investigating charges of job discrimination related to an individual's pregnancy in workplaces of 15 or more employees. Most states have their own agencies that enforce state laws against discrimination.

Good Luck to you and your new angel!

IrisLee
11-16-2006, 05:20 PM
Thank you very much for this information. It is extremely helpful.

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