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Pregnant and Not Considered for a Promotion

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  • 03-09-2010, 06:29 PM
    JHerberger3890
    Pregnant and Not Considered for a Promotion
    My question involves labor and employment law for the state of: Texas

    I have been working for my company for 7 months. I started out as a part time employee hoping to become full time when needed.I am a floating teller, so I am like a substitute teller and whenever someone is sick I go to that branch and work for them. In January I told my employer that I was pregnant and due in May, they responded by telling me that since I am not covered under the FMLA my position will be terminated when I have my baby and that I was welcome to come back and reapply when I was ready and that I would have to go through the interview process again and even training again.

    About middle February one of the branches that I work at fired one of their full time employees since I work at that branch most of the time, I have relationships with the customers already and know the branch dynamics very well, I asked my employers if they would consider me for the position. They quickly replied and told me that I did not have enough experience to fill that position. About two weeks after that they fired the other teller there without having a replacement for the first one they fired, so once again I e-mailed my employers and asked if I could once again be considered for the lesser position which is also full time. This time I was given no response from the people I e-mailed but the branch manager let me know that he had recommended me for the postion. It's been about 2 1/2 weeks since the manager had let me know he had recommended me. They have now filled one of the positions, the one they said I didn't have enough experience for. I am still working at that branch until they find the new employee so the other people I work with at that branch said that I would be getting about 36 hours a week until I have my baby and then after I have my baby they would make me full time. But today when I came to work they told me that I can only work 30 hours a week and they are still interviewing for the position.

    I am very upset because I am basically doing the work of the position I want to be in but my employers are trying to do everything they can to keep me from being able to get benefits. Is this discrimination?
  • 03-10-2010, 04:22 AM
    PattyPA
    Re: Pregnant and Not Considered for a Promotion
    How do you know (or what evidence do you have) that any other part-time, floating teller who was going to have to be out on nonpregnancy-related medical leave for XX weeks would have been considered? And gotten the job?
  • 03-10-2010, 09:51 AM
    JHerberger3890
    Re: Pregnant and Not Considered for a Promotion
    Quote:

    Quoting PattyPA
    View Post
    How do you know (or what evidence do you have) that any other part-time, floating teller who was going to have to be out on nonpregnancy-related medical leave for XX weeks would have been considered? And gotten the job?

    I don't have any evidence to support that.

    Is it lawful for them to not hire me because they know I am having to take a medical leave? It seems to me that would fall under discriminating against me being pregnant.
  • 03-10-2010, 09:57 AM
    Dogmatique
    Re: Pregnant and Not Considered for a Promotion
    Quote:

    Quoting JHerberger3890
    View Post
    I don't have any evidence to support that.

    Is it lawful for them to not hire me because they know I am having to take a medical leave? It seems to me that would fall under discriminating against me being pregnant.



    Then you do not have evidence of being discriminated against.
  • 03-10-2010, 10:51 AM
    cbg
    Re: Pregnant and Not Considered for a Promotion
    If they would do the same for someone who is going out on a non maternity medical leave, then it's not any kind of discrimination.
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