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Pregnant applicant - contract job lasts 8 months only - do i have to hire? New York

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  • Pregnant applicant - contract job lasts 8 months only - do i have to hire? New York

    we are a non profit with 25 employees . We have a pregnant EMPLOYEE who went out on medical leave. 2 months have passed and she is ready to return. I have already established we don't fall under FMLA and because of some things that were uncovered in her absence, have decided not to bring her back to that position. I instead brought on a temp (who also is pregnant) and would like to offer her the position. Anyway, we ahve another posiiton available here, and the employee who is out on leave would be a good fit. The only trouble is that the position is grant funded and the funders have given us outcomes to acheive in an 8 month period. THis employee would be leaving 4 months through the grant, and i would have to hire yet another person.


    In this case, am i "discriminiating" if I don't hire her because her pregnancy would require that she leave the position after a short period and that would cause a hardhip on us?

    at this point she does not know about the other position...am i obligated to tell her?

    THank you.

  • #2
    See also

    http://www.laborlawtalk.com/showthre...t=#post1158175
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      I thought this thread sounded familiar.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        pregnant applicant

        thanks for your responses. perhaps i didn't communicate my question clearly enough or I am misunderstanding: my other post was about bringing back an employee who is pregnant.

        this is about hiring a pregnant candidate (yes, it happens to be the same person - btu the rule would apply regardless i think)..the question is if someone is pregnant, and qualified for a job. but the job is a contractual one, and only lasts 8 months, and she'll only be here for 4 of them, is it discrimanatory for me to not hire her, BECAUSE she will be leaving after 4 months?

        I am likely to think NO, because if an applicant told me that they were moving out of state after 4 months, i wouldn't hire them..i think the same thing applies here. It's not her pregnancy, but her inability to stay for the duration of the contract.

        Does that make sense? Thanks

        Comment


        • #5
          The answer, however, is the same. If it's not because of her pregnancy, it's not discrimination. She doesn't have more rights to her job than anyone else because of her pregnancy - as long as she's not treated differently BECAUSE she is pregnant, you're clear.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment

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