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Does this qualify as discrimination?
My wife accepted a job to work at a daycare and was set to start 3 weeks afterwards. However, one week later, we were to suprised to learn she was pregnant, and we immediately scheduled an appointment to confirm thatvshe was 5 1/2 weeks along. She spent 4 days the next week in the hospital because of abnormally severe sickness which led to dehydration. She was released with nausea medication and her OBGYN stated she would write a doctor s note for any employer stating that the pregnancy had complications. She went in to the daycare today on her first day, and worked for a couple hours. She explained to them that she was pregnant and hadn t known at the time of her hiring, but wanted to continue working. The daycare management, basically told her that they thought she knew she was pregnant before beong hired, and that they couldn t accommodate her. They saod she couldn t be getting sick in front of the kids and that she couldn t differentiate between mornong sickness and viral sickness. They also told her "Well you ll just be gone in 8 months anyway." We have all the documentation with the timelone of all of this. Would this qualify as discrimination, and would it be worth pursuing?
1 Answer
- LizBLv 73 years ago
Objectively, yes, it absolutely is discrimination. However, since she hadn't even started work yet, the employer is likely within their rights to rescind the employment offer. If she had started working and then found out she was pregnant, she likely would have been terminated within her probationary period and given the standard BS excuse that she "wasn't a good fit." Employers use that excuse to get rid of newly hired pregnant workers all the time.
As far as whether you'd get anywhere with a legal case... you'll need to talk to an attorney about that. Blatant pregnancy discrimination is illegal, of course, but it's tricky to catch employers in it because most know how to get around it. It's awful, especially from a DAYCARE center of all places.