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aparsos
03-24-2006, 05:46 AM
I feel I have been subject to unfair treatment at my work place. Due to a recent layoff and reorganization of the supervisory staff I was told by the HR shift superintendent that I would be moving to 2nd shift from 3rd shift to another department. In talking to me he suggested that this decision was based on my upcoming maternity leave he also then suggested I speak to the HR manager in the morning. That morning I did speak to the HR manager and told him of my deisre to stay within my own department but on 2nd shift. He said he would be ok with it as long as my immediate boss and operations manager of that area were ok with it. At this time he told me no one had been named to take the open position on 2nd shift. I then spoke to my current boss and let him know my desire to stay within my own dept. and he responded back to me that it seemed like a good idea since I already knew the area. He then said he would have to talk to his boss the operations manager of that area. I too spoke to the operations manager and stated my desire to stay within my own dept ... once again it was brought to my attention with my upcoming maternity leave that the area would have to go unsupervised for an amount of time. His last question to me was "If I had any consideration of being a stay at home mom"? Needless to say I was moved to this new dept. A side note ... there is another supervisor who has a lower ranking than myself and he got moved from 1st shift to 3rd shift while I have a higher ranking than himself I was moved from 3rd shift to 2nd shift. The 2nd shift team that I just inherited has a proven track record of being self sufficient (there past supervisor was out 4 - 8 weeks for a medical issue). It just seems to me my job assignment was based not on ranking but rather my upcoming materinity leave.

Do I have any recourse and any suggestions?

Ps.... I work for a large automotive manufacturer (global) in Michigan.

ElleMD
03-24-2006, 07:39 AM
It would only be illegal if they would not transfer a non-pregnant employee who was getting ready to go out on medical leave. They can not treat you less favorably because you are pregnant, but they do not have to treat you more favorably either. If they need to move you temporarily to make sure that there is a supervisor on each shift, they may do so. There may be a good reason for giving the 2nd shift supervisor a bit of time with the group before you go out for several weeks or months. Again, this should be something they are doing for all those who are going out for a similar period of time, not just pregnent women.

It is unclear if this change in departments is really adverse or if it is just a change. If your benefits, pay and other material aspects of the job are the same, it isn't an adverse action prohibited by law. If this change in department is a demotion or to an objectively less desireable area, then we have a different situation.

Just asking what your plans are after the baby isn't prohibited. Treating you adversely based on your answer could be, but it is normal and reasonable for an employer to ask when someone plans to return or if they plan to return.

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