My wife was verbally offered a new position at work last Friday. The offer had not yet been made in writing, however a verbal agreement was in place. The manager who offered her the position retracted the offer today (the next Thursday) specifically because she would need to go on maternity leave. The manager who offered the position knew that she was pregnant, knew that she is due in January, and knew that she planned to take maternity leave. The manager's supervisor (a female VP), recommended that the manager rethink the offer. The manager withdrew the offer (again verbally). Would this be a case for a discrimination suit?

Yes, it is most likely illegal discrimination.

Whether your wife can sue depends on whether her company is subject to Title VII (company must have at least 15 employees). State laws may also provide some protection.

Litigation should always be a last resort, however. Your wife may want to send a nicely-worded letter to the company stating that she cannot lawfully be denied a position because she is pregnant and will need a maternity leave. The company may re-think its position and hire her.

If not, a reasonable next step would be to hire an attorney who has experience with pregnancy discrimination cases and ask him/her to send a letter on your wife's behalf. If that doesn't work, the attorney can help your wife to file a complaint with your local EEOC office (note that she can do this on her own, but it is best to have an attorney to help because mistakes made when drafting the complaint can affect the case down the road).

If you need help finding an attorney in your area who is experienced in matters like this, you can send an email to info@worklifelaw.org. WorkLife Law is a nonprofit that works to end employment discrimination against family caregivers like mothers and mothers-to-be. (Helping you find the attorney is free, but the attorney is not.)

Cynthia
WorkLife Law

*Note: the foregoing is provided for educational purposes only and does not constitute legal advice.