Legal Question in Employment Law in California

No pay increase due to maternity leave

I have been off work for about 6 month due to pregnancy, 4 of the 6 months are disability due to pregnancy complications. The remaining 2 months was within FMLA. After I returned to work, I was told that I am not entitled to the 6% merit increase that everyone else is getting, reason being that I did not work more than 9 months, based on a standard practice(non written), although I have received a performance evaluation of meeting expectations. I want to know 1. if this is considered discrimation against pregnant woman, 2. if I have a case to argue. Thanks


Asked on 12/22/04, 4:07 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: No pay increase due to maternity leave

Yes, this is discrimination based upon your pregnancy if the reason you did not work the minimum 9 months was due to your pregnancy.

Read more
Answered on 12/27/04, 4:41 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California