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Did my wife boss break the law in NYC by trying to make her quit? New York

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  • Did my wife boss break the law in NYC by trying to make her quit? New York

    I hope some one here can help me, as New York City said that I have to actually file a complaint to see if the employer broke the law.

    My wife is 7 months pregnant. She is a full-time employer (W-2) working 3 days a week in a fast paced office. She has been working there for a little more then two years. There are 10 -15 employees. She asked her boss, if she can take off for 1.5 weeks, the boss said no problem.

    She came back from the vacation, and found someone else working in her place.

    She asked the boss what was going on, and the boss started a long list:

    1) All the work you have been doing until now has been terrible. "You should have no self respect for yourself"
    2) You are not going to have energy to work now that you are 7 months pregnant
    3) Business is slacking off, so he needs someone for only two days a week.
    3) He promised the temp, that she can have three days a week.

    First he asked her to leave saying "your pregnant so you should take time off". When she said she needs the job, he said that he was dropping her down to two days a week.

    He contracdicted him self numerous times:
    In the same sentence of him saying that she does a terrible job, he said that he would rather her work on a particular day of the week, as that is his busiest day, and the new person does not do as quick of a job as her.
    He also contradicted his statement that business was slacking off, because he is hiring the temp for three days.

    As far as her doing a terrible job, he is a doctor, and he has to sign off on all her work. For the past two years, he did not have any problem with her work, and he has been signing off on everything.

    It is out belief that he is trying to get her to quite as she is pregnant.

    Is he breaking any laws? If yes, any recourse?


  • #2
    If she believes she is being discriminated against due to her pregnancy, she can file a complaint with the EEOC but the employer would need to have at least 15 employees.

    If there isn't 15 employees, she can file a complaint with the N.Y. Division of Human Rights. (NY state discrimination laws apply to employers with 4 or more employees.)
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