I work for a large company in Arkansas. I have worked for the company for over 8 years and WAS at a senior level position. I have never been reprimanded and have been successful at my position. I got pregnant with my first child. I informed my boss and got a mixed reaction (happy for me personally, but he new he would be losing me since I would most likely be working in another area when I returned). About one month before I was to start my leave, I was removed from my position and made an assistant. At first I thought this was OK, but two other women who also were pregnant at the same time I was did not lose their positions. Their positions were held for them until they returned. I took off for three months. When I returned, I was still an assistant. Since my return there have been 4 open positions similiar to what I was doing before I got pregnant. I was not offered any of them, and two of the positions were filled by relatively new employees with about one year of experience each. My boss seems to be avoiding the subject of returning me to my previous level. I know that if I complain my career at this company will over (this is how they are). Is this discrimination? Should I consult legal advice?

If it weren't for one thing, I'd agree there was probably discrimination. But you mention that two other employees who were pregnant had their jobs held for them. That makes it much less likely that your pregnancy had anything to do with it, and assures that it would be much easier for the employer to defend a claim if you made one.

So, if they didn't discriminate against two other women, then their actions toward me are OK?

What about the fact that I haven't been given an equal/similiar position after returning from leave? I thought that this was a requirement and they have had 4 chances to do this, but haven't.

Thanks.

What I'm saying is that if an employer is going to discriminate against someone BECAUSE they are pregnant, it's quite unlikely that they will only discriminate against one person when there are others who are pregnant as well. Therefore, it's not likely that your pregnancy is the reason you have not been returned to the other position. And if it's not BECAUSE OF your pregnancy, it's not illegal discrimination.

You were an assistant when you went on leave; therefore they are only required to return you to the assistant position.

The only reason I lost my position before going on maternity leave was because of my pregnancy, not for any other reason. If I had not gotten pregnant and went on leave, I would still be in the original position. I was told the day I told my boss that I was pregnant that he would have to find someone to replace me. There was no formal or informal reprimand for my performance at any time before or during my pregnancy.

I was under the impression that pregancy is a protected status, i was given no reason for being demoted except that i was going on maturnity leave. My boss asked me the day before I was demoted when I was due, the next day I was replaced.

If you are convinced that your pregnancy is the only reason for any of this, by all means contact the EEOC or your state human rights commission.

What I am saying is that you can be demoted in spite of being pregnant, just not because you are pregnant. And given that two other women who were pregnant did not suffer any mistreatment, you are going to have a harder row to hoe claiming pregnancy discrimination than you would if they had been treated the same as you were.