Legal Question in Employment Law in California

Was this discrimination and what can be done if it was?

I was employed by a large retail company upon return from maternity leave i requested a reduction of hours. As management i was scheduled 45 hours a week, i wanted to work 35. I was told by my boss that our DM said as a manager it was not possilbe to reduce my hours. and that if i wanted to reduce my hours i would have to take a lower postion in the store.I later found that another manager who was also on maternity leave was told that she could come back at only 3 days a week. Each time i spoke with my employer he seemed very anxious to get me out of my position so he could promote another woman he told me several times he had someone in mind for my position. I ended up resigning because I could not work the 45 hour week and care for my infant. Is this discrimination, and if so what legal recouse do i have. Thank you


Asked on 6/15/04, 10:14 pm

2 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Was this discrimination and what can be done if it was?

My understanding of your information is that in the past, the company did allow less than normal hours for woman returning from pregnancy leave. Might want to look at that. They do have a responsibility to accommodate you, that might mean a position change. If no accommocation available in your present level, company may be ok to offer a different position if you do not return at hours and/or position previously held. Call to discuss further.

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Answered on 6/21/04, 1:18 pm
Terry A. Nelson Nelson & Lawless

Re: Was this discrimination and what can be done if it was?

Politics certainly, but discrimination? Maybe not, since it was another pregnant woman you compared to, and another woman he wanted in your position. However, you can still make the claim under the various medical and pregnancy discrimination statutes for refusal to accommodate you. Contact me if interested in discussion options and remedies.

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Answered on 6/18/04, 3:42 pm


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