Legal Question in Employment Law in California

Not promoted due to pregnacy

My niece works as a hostess at a major chain restaurant. Hostess are promoted to waitress, if employee desires, as positions open. The hostess with the most seniority is asked first. My niece, five months pregnant, held the most seniority but was passed over recently to the someone with less seniority. When asked, her boss replied, "we'll discuss your promotion after the baby is born."

She feels she is very capable of performing the duties of the waitress and has been a good employee.

What are her rights? Thank You


Asked on 3/12/00, 2:02 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Not promoted due to pregnacy

Failure to promote due to a pregnancy related condition is illegal. She shouls seek out an experianced employment attorney to advise her.

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Answered on 3/23/00, 10:06 pm


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