Pregnancy discrimination?

[dad2b]

My wife works as a pharmacist in the state of New Jersey. Prior to becoming pregnant, she was a Pharmacy Manager at one of the nationally well known pharmacy chain store. The store she was working at was located at town A which is 45 minutes away from home. May I add that she is doing an exceptional job as a pharmacy manager there. The store received high rating for every audits.
As part of the company expansion, the company is openning several new stores around our home. Store B, which is 10 minutes away from home, was scheduled to open in the 1st quarter of 2004. Store C, which is within walking distance from home, is schedule to open in the 4th quarter of 2004. Knowing of that these stores will require new Pharmacy Managers, my wife expressed her interest and requested for the pharmacy manager position at store B. The condition she gave her employer was that; if she does not get the position at store B, she would step down as a pharmacy manager at store A and become a staff pharmacist at store B and wait for the opportunity to be a pharmacy manager at store C.

When store B opened, the pharmacy manager position was given to a male pharmacist who has lower seniority (he happens to live very close to the store). The pharmacy supervisor explained to my wife that she will allow my wife to step down from store A, works as a staff pharmacy at store B, and when store C opens, she will get the pharmacy manager position at store C. Content with the arrangement, my wife agreed to the verbal deal. Around this time, my wife became pregnant carrying our first child.

Shortly after store B opened, the pharmacy supervisor stepped down (or demoted). Before she stepped down, she explained to the interim pharmacy supervisor of the deal she has made with my wife. When the newly appointed pharmacy supervisor arrived, the interim pharmacy supervisor expressed the situation to him. My wife expressed her interest to the new pharmacy supervisor both verbally and via emails. The pharmacy supervisor acknowledged her interest.

Yesterday, coming home crying, my wife explained that she received a bad news. The pharmacy manager at store C will be given to another pharmacist based on these grounds:
1. He has higher seniority (10 years vs. 6 years with the company)
2. He lives in the area longer and knows the area better (we only live in this area for 2 years)
3. After my wife stepped down from store A, that store became disorganized. Some members at store A (perhaps resent that she stepped down) did not give her a good reviews. Although, the pharmacy supervisor did noted that she is doing an exceptional job as a pharmacist based on his observation.
4. My wife was offered a staff pharmacist position at store C

In conclusion (and many coworkers agreed) she was treated unfairly. She was denied from a promotion perhaps due to her pregnancy. Store C will be openned around the same time that she will be given birth to our first child.

My appology for a lengthy post. But it best explain the situation. Please advice on what to do. Can she file a lawsuit agaist her employer?

Thanks,

[ziles]

Next time get the agreement in writing. Without the agreement in writing and the fact that they do have "reasons" for highering the more experienced person make this a difficult case. I'd still call a few lawyers and get their opinions.

I hope everything works out for you.