I started a Job in Feb. as an independent Contractor for a very large employer. I was 6-7 months pregnant, and the subject did not come up during my interview (I was advised not to mention it, so I couldn't give them a reason to discriminate againest me.) But again I was 6-7 months pregnant I thought they'd be able to tell. I found out I got the job and listed my pregnancy on my hiring paperwork under "medical conditions".

I started working and now i'm being told by the contracting company that my on site Boss/Company is absolutely furious that i'm pregnant and I most likely won't be able to come back after taking 6 weeks unpaid maternity leave. I've offered to do as much work from home during that time (the nature of my job is mostly phone/email based). My onsite Boss said that he is very pleased with my performance thus far... but doesn't know if he's going to let me come back.

Do I have any rights here or is there any legal action I would be able to take??

The contract company that I work for told me flat out (in a phone conversation of course) that had they known I was pregnant I would have not gotten the job, and that I was legally required to tell them upfront about the pregnancy.

I did not sign a contract for any specific length of time-- The large company outsources most of their human resources in this area... I was told that the position could last for over 2 years and lead to being hired on as an actual employee.


I am already being left off a huge project while everyone else is getting overtime and when I asked why they said "We don't have anything for you to do." (These other people started both before and after me...I trained one of them!)

Any advice would be appreciated! Thank You!

Go to the phone. Go directly to the phone. Call the EEOC. Do not pass go. Do not collect $200.

There is no legal requirement for you to tell them about your pregnancy and it is illegal as all get out to refuse to hire you because of pregnancy.

You say you're working as an independent contractor. As in, no taxes deducted, no WC, etc? Or are you an employee of the "contracting company", such as a temporary service?

I am an employee of a contracting company. I have taxes deducted and WC.

OK, just wanted to check. I defer to cbg's wisdom. ;)

I e-mailed the EEOC yesterday but they advised me to call to clarify the "independent contractor" thing.

Obviously there is a difference?? If I do have a case what can I expect to get from it? Will my employer be forced to keep me? If have to sue what kind of compensation do you receive? I just need to know what i'm going to be facing here so I can keep a roof over my head!

Thanks!

At the end of the year, do you get a W-2 or a 1099?

Well I just started the job... however I believe it will be a W-2 since I filled out the W-4 when I was hired. I get a paycheck every week, with all taxes taken out.

If taxes are taken out you will get a W-2 and the company IS treating you as an employee.

Another issue to be aware of --aside from the rather blatant EEOC discrimination here-- is that employers sometimes misclassify employees and independent contractors.

The IRS, for one, is not amused by these transgressions by employers. One of the basic legal tests is that the employer has "the right to control or direct only the result of the work done by an independent contractor, and not the means and methods of accomplishing the result" (see http://www.irs.gov/businesses/small/article/0,,id=99921,00.html).
Depending on your jurisdiction, other legal tests for independent contractors vs. employees may also apply.

From what you have written here, I would quickly see a local employment law attorney if I were you. At the very least, I would submit a claim with your state's Department of Labor or Human Rights Council (your state Department of Labor should be able to direct you to the correct agency, even if they do not process EEOC claims themselves... they may also be able to help with your question about whether or not you are *truly* an independent contractor)... please note that a state agency can provide representation for free if they accept your claim. However, even if payment is a concern for you, an independent attorney may be able to take you on a contingent basis.

Best wishes to you.