Legal Question in Employment Law in Massachusetts

discrimination due to pregnancy

I was employed part-time at a state institution and was laid off due to budget cuts. At the time, I was 4 months pregnant. My supervisor assured me that my job performance had been more than satisfactory and that she would have wanted to keep me. Within 2 months there was a re-organization resulting in a new funding source and my old job was re-posted. I was never notified that the position was open again. (It has since been filled by a person with no experience.) In my heart, I know that I was ''discriminated'' against, but I don't know if I have a legal standing given my pregnancy. Do I?


Asked on 2/12/04, 5:21 pm

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: discrimination due to pregnancy

You did not say how long ago you were laid off or how long it has been since you learned job filled. There are time limits on seeking your rights. Were you civil service? If so go to the Civil Service Commission. Are you in a union? If so you have rights there. If not, you may have a claim for pregnancy discrimination - however, the facts in your story are complicated. What is the return to work policy on a "lay-off", if you had a right to be recalled, you may have a better shot. by the fact that you did not apply for the job. If jobs are regularly posted and you knew how to get them, employer would argue that you could have learned about position and applied. Real questio is why didn't supervisor call you back. You can talk to a lawyer or call the Mass. Commission Against Discrimination and file a complaint.

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Answered on 2/12/04, 9:24 pm


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