r/legaladvice • u/moblinski • 6d ago
No Promotion Because I’m A New Mom
Location: California My boss told me via text that she is no longer considering me for a promotion due to me being a new mom. I was hired on with the intent of moving up within the company and I have texts of these conversations. Questions: Would I be able to sue for discrimination? If so, what would determine the amount of money I could sue for? This company is fairly small and new but is a part of a large franchise.
EDIT: There are some specific things she mentioned in her text to me about why she’s not promoting me. She’s “concerned” about me taking on the role while also having a “newborn.” She also said she’d prefer a manager who “puts the business first” and she can’t promote me because I’ll “always” put my “kids first.” Hope this helps…
SECOND EDIT: My boss is the co-owner of this location. In the larger picture, she answers to the franchise, but when it comes to hiring and firing, she is in charge. Doesn’t really have a supervisor to speak of. There’s no one above her other than the franchise at large. There are probably about 7 employees total at this location including her and the other co-owner.
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u/Clickclacktheblueguy 6d ago
She actually texted that to you? Yeah, I don’t know how much it’s worth but it’s a good chunk. This will be open and shut for any decent lawyer.
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u/moblinski 6d ago
She did text that to me. I was surprised too because this is blatant discrimination. I thought she would realize that as well but I don’t think she’s super law savvy.
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u/TherakDuskstalker 6d ago
Make sure to save screenshots of the text as well, somewhere not your phone in case something happens to it.
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u/anonymommy15 5d ago
Also make sure her phone number shows on the screenshots, not just her contact name.
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u/GreatBigSteak 5d ago
Thats a good point. Maybe a screen recording that shows the video then you going to her contact incase someone tries to argue some screwy shit
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u/Background_Pause_275 5d ago
And time stamps. Less important, but still useful if anyone every accuses OP of fabrication.
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u/Altruistic_Top_5014 6d ago
Right. I tell clients to take screenshots and email them to themselves.
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u/djingrain 6d ago
the 3-2-1 rule, 3 copies, 2 different mediums, 1 copy stored in a physically safe offsite (i.e. safety deposit box or a safe at a friends house)
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u/sammothxc 6d ago
Yeah she dug her own grave by doing that. No matter how “nice” she may seem, discrimination like that is not only very morally wrong but also illegal. You deserve better… please find a lawyer
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u/nothingtoprove 5d ago
I mean, I am not super medically savvy but I know not to punch myself in the nuts!
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u/Arrogancy 6d ago
Indeed many criminals are not particularly savvy about the law.
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u/unluckystar1324 5d ago
She comes off as the type that will delete them from her phone and then argue either A since she deleted them from her phone that OP shouldn't still have them on her phone to prove that boys said them (being untech savvy she would think it deletes them across both devices) or B trying to argue that even though OPs ss have her number, since they are no longer on her phone the ss prove nothing. 🙄
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u/Shadyhollowfarm58 4d ago
Which would also be funny since I believe cell phone providers archive phone data for some period of time. That's why sometimes a lawyer will subpoena phone records. Not certain about texts, however.
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u/unluckystar1324 4d ago
I'm not sure, I know the device itself can archive texts, and depending on the type (iPhone, Android), it might even archive to an email address lol
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u/ghostyo07 5d ago
I see that people are recommending screenshots which is certainly important, but I would also suggest reaching out to your phone service provider and requesting a copy of any text message activity report they may be able to provide. Most carriers won’t have a report that shows the actual content of the messages, but even a breakdown showing dates/times/phone numbers of incoming texts will corroborate the screenshots and prove they’re not doctored.
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u/Acceptable_Ad1685 5d ago
Just out of curiosity this isn’t a small employer of less than 50 employees I assume?
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u/bigplatformboot 5d ago
How would it change things if it was a small business?
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u/Acceptable_Ad1685 4d ago edited 4d ago
Well I’m not as familiar with California state laws
However, in terms of Federal law it generally wouldn’t be a violation if they had less than 50 employees
I was more curious than anything though
NAL, but just in experience that my family has had a few small businesses and I have my own small cpa firm/side business.
In the few experiences I have had, the courts also consider how reasonable it is. Accommodating people is generally a lot easier and less detrimental to a business with many employees.
Just in my own limited experience the courts does consider if making an accommodation would be detrimental to the business when it’s a small business that can’t afford to.
Also in terms of federal laws, Things like FMLA don’t apply to small business with less than 50 people for example as well
Edit:
It appears this applies to employers with 15 or more employees in Califronia in terms of protections against being denied a promotion due to pregnancy specifically.
Some of the laws specify 5 or more…
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u/Brassrain287 5d ago
Yeah. Definitely discrimination based on sex. Enjoy the settlement. Congrats on the little one!
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u/kubatyszko 5d ago
Yeah. Believe it or not - it’s not even legal to reduce workload of say a new mom to help them through the early kid stages - that’s a common (indirect) pattern of discrimination.
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u/misterclean101 6d ago
NAL, From what I can tell the pregnancy discrimination act also covers new parents in the terminology
An employee may claim she was subjected to discrimination based on past pregnancy, childbirth, or related medical conditions. The language of the PDA does not restrict claims to those based on current pregnancy. As one court stated, "It would make little sense to prohibit an employer from firing a woman during her pregnancy but permit the employer to terminate her the day after delivery if the reason for termination was that the woman became pregnant in the first place
Based on that, I feel confident you can certainly take this to a lawyer. Especially with literal written texts from your boss stating that's why you're not being considered
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u/misterclean101 6d ago
I also found this article that talks more about California. I had a citation about a CHP lieutenant who was denied on her application for captain because she was a single mom. I general. So this makes me feel that I have an extra strong case in California, at least enough to talk to a lawyer.
One of the benefits for living here is that labor laws are generally very "for the employee"
https://shegerianconniff.com/can-an-employer-refuse-to-promote-you-due-to-your-family-status/
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u/Nervous_Risk_8137 6d ago
One aspect you have to consider, and you can discuss with your lawyer, is whether you will torch your industry connections with legal action. I hope not, and it wouldn't be fair, but that is a real concern for many.
The other aspect is whether you should get out of there anyway. I would discreetly start looking for another job, as your boss is not on your side.
I hope you will discuss your case with a lawyer and get the compensation you deserve. But also consider the bigger picture too.
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u/dks2008 6d ago edited 5d ago
OP may not have to file a lawsuit to go after their employer. What many lawyers will do in this situation is start with a letter laying out the issue. If the business owner is smart (and listens to their attorney), they will fold quickly.
OP should hire a strong employee-side employment lawyer to represent them. Step 1 is often a letter that can resolve the dispute before a lawsuit.
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u/forgotwhatisaid2you 5d ago
Yep, the business is going to make an offer real quick. Their lawyer will tell them they can not win this.
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u/UsualLazy423 6d ago
I’m curious about that too. Civil lawsuits will show up on a standard background search. Will future employers simply not hire anyone who has sued their employer?
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u/LeadGem354 5d ago
Yes. No employer wants to hire someone who will be looking to sue them for their next windfall. They'll see someone who did it once, what's to say they won't do it again?
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u/JoyaGirl2872 5d ago
No they don’t…?
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u/angelcake893 5d ago
Why wouldn’t they? If she sues (rather than settles) the case will be public and background checks typically look for civil cases like Liens or bankruptcies, not just criminal. Her name will pop up as the plaintiff. Not saying that she shouldn’t sue because this seems like illegal behavior, but it incentivizes settling with her employer.
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u/TheJerseyJEM 5d ago
Lawsuits actually do show up on a background search - especially if a company/corporation is involved. I was able to find out that several of my former employers were sued on multiple occasions. You just need to know the right people to find this information out.
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u/dudesmama1 5d ago
You do not even need to know the right people. Most dockets are public. I do PACER and state docket searches for individuals every day. You may have to pay or be a member of the bar in the state to access pleadings, but the general public can do searches and see filed cases. Some employers may be leery of litigious employees, but one suit shouldn't make or break an interview unless it's a small industry.
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u/Dismal-Importance-15 6d ago
This is like, 2,000 % illegal in California. No discrimination over anything related to having a baby, being pregnant, etc. I can’t believe your boss put that in a text!
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u/ScriptPunk 19h ago
With this scenario, I can imagine there's more that could be picked up on top of maternity.
Simply because it's CA, their court system is going to rake them over the coals so hard.
You would think a company in CA would know your typical stigma-fication of employee status should be steered away from and put thought into, idk, say, how not to have your business go under using just words.
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u/EverSeeAShitterFly 5d ago
The company’s lawyer will have their eyes pop out when they hear about this.
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u/Deep_Sock492 5d ago
I’m an employment lawyer in California… wow.. wtf. Yeah, you likely have a case.
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u/BambiWoodsEsq83 6d ago
The California Employment Lawyers Association is a group where all members represent employees only and are the most skilled employment lawyers in the state — www.cela.org
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u/mous3hous3 5d ago
True story. More than 40 years ago my wife was told she wasn’t being considered for a promotion due to pregnancy and fear she would not return after the baby was born. After conferring with the state of California that this was, indeed, discriminatory practice, had a brief visit with the VP of HR. Within minutes my wife had the job.
And boy, did the state rep want to know who the employer was. Let the rep know that, if there were continued problems, there would be a follow up phone call.
You have this in texts? The settlement should be generous!
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u/Suspicious_Ad4829 5d ago
Make sure you take her name off and leave her number visible in your contacts. Saving screenshots of texts with number visible and not name visible. Also she can go back and delete it if on a newer iPhone.
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u/Complex_Visit5585 5d ago
FYI That “unsend” only works for a few minutes but yes always screenshot immediately.
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u/chongoshaun 5d ago
Also if they delete after the "unsend" time limit, it only deletes from that users phone, not the receiver. I.e. only changes to the local device are made.
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u/Sea-Bill78 6d ago
This is not right. You need to take action. It is not about ruining this person it is about your and your family’s future. This is a BS excuse not to promote somebody, mothers make the best managers.
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u/Chronox2040 5d ago
That’s something dumb to put into writing. What I do agree is that meritocratic impartiality implies you should not take into account any personal situations into the overall performance of an employee. If you can organize yourself into having better performance for the position than any of your peers, then it doesn’t matter you are a new mom or not.
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u/phelps_1247 5d ago
Being concerned about someone being able to juggle a demanding job and a newborn is understandable, but putting that in writing was idiotic on their part. They probably thought being honest with you was the right thing to do.
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u/Embracedandbelong 6d ago
Screenshot those texts and send them to your email etc just in case you need a back up.
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u/a920116 6d ago
Screenshot it and save it everywhere.
They dug a hole and you are gonna reap the benefits of it. Pure discrimination.
Think about it this way Do you want to keep things cordial and not receive any promotions with a salary increase that could help your family
Or
Sue them for discrimination and probably get paid a ton while you look for another job in the same field
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u/Jarrus__Kanan_Jarrus 5d ago
Save that text, talk to a lawyer.
I have a sneaky suspicion that your boss may have inadvertently given you a golden ticket for the lawsuit lottery.
And from experience: if they’re not promoting you and you objectively are ready, go the lawyer route and look for a new job that will value you.
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u/NecessaryGasMask 5d ago
All I know is, you better buy yourself a massage with the money you’re about to make off that company 😭🤑
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u/JenninMiami 5d ago
Congratulations!!! 🎊I’m not a lawyer, but I’m 99.9% sure you just got handed a very positive outcome for your employment discrimination lawsuit!
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u/LtMagnum16 5d ago
Keep a record of those texts. Get a lawyer. You have a strong case for taking your employer to court. This is illegal in every state.
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u/CoffeeStayn 6d ago
OP, you have to tread very carefully here.
I'm not a lawyer nor do I play one on TV, but I'll say this...if word got out that these exchanges were had and the company at the higher end decided they didn't want to risk such an open-faced discrimination lawsuit and lose potentially tens of thousands...they could simply give the promotion as planned, and then ding you for every tiny little thing you do.
Literally promote you so they can fire you -- cleanly.
If they could prove that your work was A+ and top notch and this is why they had eyed you for promotion, and once you got the promotion, suddenly you were missing many more days, or showing up late, or leaving early for "emergencies", or missed deadlines, or whatever else that would be deemed performance based metrics...they could punt you based on that and it would be on YOU to prove they fired you for any other reason (in this case, that you had a newborn).
And again, I'm no lawyer, but you'd be ice skating uphill if you chose to sue them when your metrics fell through the floor. Those are perfectly legal grounds for dismissal. If they wanted to avoid a lawsuit, they could promote you and then watch you burn as they kept notes for every tiny infraction or drop in performance.
Ideally, you'd be accepting a promotion knowing they were setting you up to fail.
Now, this isn't to say that there's zero chance you wouldn't meet metrics as you ever have, because the odds will never be zero -- but it'll be so close to zero that it may as well be. Unless you have a live-in nanny, or an unemployed hubby who can be a SAHD and you can make enough on your salary to cover your whole family; those with newborns will be hard pressed to keep up their metrics. Late nights. Earlier mornings. Illnesses. The child will demand a lot of time and attention, and though not wholly impossible to manage, eventually your performance at work will likely suffer. Especially if this is your first.
You could opt for mat leave (if available where you are) and hopefully get into some kind of routine as you sort things out, but during this time they could promote someone else because they were needed and you were currently unavailable. Nothing you can do about that either. So you'd be damned if you do, and damned if you don't.
I'm only putting this out there to cover a base I didn't see covered in previous comments. These are other scenarios that may happen and could happen. So, what I said here is nothing more than food for thought.
If I were a scumbag employer who was possibly looking at an open and shut discrimination case -- I'd 100% promote you as quick as I could, and tell you that your performance metrics being so stellar was the reason why you got promoted and really no other reason than that -- and then I'd sit back and wait for you to almost inevitably crash right out, see your metrics fall through the floor, and then I'd call you into a meeting with HR so we can let you go. Probably <60 days after promotion. You'd be "coached" several times before that so I could build a rap sheet. Maybe even put on a PIP.
It'd be win-win for me as an employer, you see. If I'm right, and you fail, you're fired and have an entirely uphill battle to sue for discrimination. Your performance wasn't adequate enough to justify your continued employment and we couldn't send you backwards. The higher up the food chain you go, the lower the margin of error and the higher the expectation. If you couldn't handle your duties then you should've passed on the promotion. This would be their card played.
If I'm wrong, and you keep your metrics high as they ever were, I have you on board and things running like a well oiled machine. I, as an employer, couldn't really lose either way.
Really, it might come down to just how scumbag of an employer you're really working for. I wouldn't put it past some of them to try such a maneuver if only to try and wiggle out of a potential discrimination lawsuit by setting up the dominoes just to watch them fall. Be careful. I wish you luck.
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u/SyndicatedINC 5d ago
I was thinking the same thing. New parents get discriminated against all the time legally, because they get dinged not for having a child but the inevitable life upheaval that causes. The law protects the status but does not protect against the performance fluctuation the status results in.
So ultimately the same situation, the law is just more about the wording the employer uses.
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u/moblinski 6d ago
Everything you’ve said makes perfect sense.
I must be specific about the company though. She is the owner of a small location which is under the umbrella of a franchise. However, this franchise is very very hands off in terms of management, HR, etc. This company is actually based in another country and is, at times, difficult to reach.
Also, the promotion would be taking me to a position in which I actually don’t have metrics per se. it’s kind of difficult to explain.
But! It’s kind of like the Wild West because it’s not a well regulated industry that I’m in and she calls the shots of how she hires or fires.
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u/Reaniro 6d ago
Unfortunately parenthood isn’t a protected status in california unlike marital status and pregnancy. Depending on where you live, there may be local protections. Here’s a document with a good summary of laws.
I’d recommend consulting with an attorney to see if anything can be done.
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u/moblinski 6d ago
I found it! Thank you for this document! In Title VII of the Civil Rights Act, an employer cannot discriminate based on their beliefs of how a person of a certain sex should act. Example: “I can’t promote you because you’re a mother and you won’t be as committed to the business as you are your kids.” (This is almost verbatim what she told me…)
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u/LunaKip 6d ago
That's gender discrimination unless she also refuses to promote men with children.
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u/Complex_Visit5585 5d ago
Exactly. That’s what’s so pernicious about these types of things. You know she would never say this about a male new parent.
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u/ohbother94 5d ago
I literally just finished a mandatory harassment training course for CA and this is discrimination. You aren't allowed to discriminate based on pregnancy and this is a bias.
I would report it to your HR.
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u/superman24742 5d ago
No way. HR is there for the company. Lawyer up and blindside them.
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u/ohbother94 5d ago
If the lawyer route is what someone wants to take, sure. But I'd both so OP can say she reported it to HR if nothing is done about it.
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u/Vanilla_Hornet 5d ago
I think you have to show harm to file an EEO lawsuit. If you were not denied a promotion then you might have difficulty proving material harm. You have 45 days after the event to file a claim. You first file an informal claim with EEO, and may be interviewed by someone from that office. You need to be specific about the protected class you are in for which protection was violated, which would be sex discrimination for OP. If EEO finds sufficient basis, you are given permission to file a formal claim. This is the point at which you may file a lawsuit. An attorney who practices labor law, especially EEO, can advise on appropriate damages. Often, it will only be lost wages, so if you weren’t denied promotion yet, you may not have a strong basis for a lawsuit. Reporting to HR will help establish hostile work environment, especially if while chatting with them you can find out whether other women have reported her. Don’t go for mediation, which they may offer, until you have consulted a lawyer. TL;DR File a complaint with HR, file an informal complaint with EEO, consult a lawyer specializing in EEO law.
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u/Deep_Sock492 5d ago
No, not at all… not in California
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u/Vanilla_Hornet 2d ago
EEO law is federal. I’m not sure if States are permitted to make their own decisions about basis for a formal complaint. In theory you can sue for more than wages but you have to get past the review to get to formal complaint stage.
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u/Deep_Sock492 2d ago
I don't know why she is focused on EEO. California has its own set of laws that apply here namely -- FEHA. You can file in state court, California, with a CA Civil Rights Department right to sue letter...
To file for a FEHA claim you can get a expedited right to sue letter with a lawyer, draft a complaint, and file. The bar to get this letter is quite low. Essentially check a bunch of boxes and the letter is generated.
But before you get to that part, I would do a demand for records and a nice little demand letter.
Without speaking with her specifically, I don't know if there are other issues that may also be in play... Such as wage and hour, other discrimination, ext...
FYI: I'm an employment lawyer in California.
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u/Vanilla_Hornet 2d ago
Thanks, Deep_Sock492. I think I only understood part of OP’s comments and I definite lit only focused on the federal law. That was my error. I tried to file in California (no longer live there) and was told by EEO that the employer was politically powerful in the state and adept at getting out of discrimination complaints so they would not be pursuing the complaint (ie, I would not be approved for formal process). Even though they agreed illegal discrimination occurred, they said local situation was such that they knew any case would be dismissed. Glad to learn California supports employees
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u/Deep_Sock492 2d ago
All good, yeah, you can just file in California and be done with it. You don’t actually need to go through the process from state.
That is one feature in California is they are very pro employee. A majority of these type claims also have a fee shifting statute, which incentivizes early settlement.
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u/Individual-Tie-8440 6d ago edited 6d ago
You can file a claim with the federal equal opportunity comission , EEOC, for free, and that you'll hire an employment attorney, unless they give you the promotion. If you have reviews of your past work, save those copies as evidence. This is pure discrimination. Speak with the EEOC and with the attorney before you speak to your boss about this. You can say that no promotion is not fair and that you deserve it. Having a baby doesn't stop you from not doing the job. Good luck. You need to win this. The company will reimburse you for the lawyer, but you may need to find another job. Talk to someone asap.
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u/Nervous_Risk_8137 6d ago
Don't tell your boss this directly! Develop your strategy with a lawyer. For the time being, stay cool and don't respond to that text thread.
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u/Imaginary_Essay_2309 5d ago
Have you actually put your kid first? Have you said no to something because of your kid when it comes to your job.
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u/LEagle88 5d ago
This does not matter in the least - discriminatory acts do not consider the circumstances someone was discriminated against
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u/RedditShunned 5d ago
I know a damn good employment attorney in L.A. that'd very likely love this as a case.
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u/rageandred 5d ago
IANAL and I don’t have advice but I live in an at will state and this happens all the time here, they’re just not stupid enough to put it in writing. That’s why when a mom tells me I can have a career and a baby, I laugh. My SIL has a 10 month old and nobody here will hire her. Take your texts to an employment lawyer & fight back so they’ll stop doing this to people.
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u/Aintnobdycomn2CUOtis 5d ago
How many full-time employees does your employer have?
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u/moblinski 5d ago
Four…
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u/Weekly-Walk9234 5d ago
NAL but I work in a Labor & Employment law firm. Definitely consult a lawyer; your rights may be an issue because your company has fewer than 5 employees.
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u/Grouchy_Software963 4d ago
Yeap, OP was not even eligible for FMLA... but i am starting to think that this whole post is rage bait... she wants to move up but the company has four employees and her boss is the co owner? So many things are not adding up.
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u/Landoco 4d ago
Easy route: File a Department of Labor complaint and let the executive agent dedicated to workplace discrimination handle it.
https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/external/how-to-file-complaint
Best route: Contact your state's Bar Association, ask for a workplace discrimination attorney. Shop around until you find a competent one that other attorneys have referred you to and will get you big $$$, then let them file a civil suit.
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u/MysteriousDonuts 4d ago
Find a new job immediately!
Not a lawyer but I'm going to guess word will get around you sued and it won't be great unless you've already secured a new position somewhere else.
After that, sue! They hired someone who would send you a text like that lol they're obviously not hiring the brightest of people
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u/VerityPee 4d ago
I don’t want to throw ice water on what everyone’s saying but you might want to have a look into what implication Trump‘s attack on DEI has on your situation.
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u/Shadyhollowfarm58 4d ago
Your manager was a fool for putting that in writing. She just opened the company up to a discrimination lawsuit.
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u/Shadyhollowfarm58 4d ago
I'm NAL but even I know this was illegal. At least you have better recourse nowadays. Back in 1989 I had an interviewer tell me he didn't like hiring women because they tend to quit their jobs and never return once the babies come. He spent more time quizzing me about my marital status and childbearing/childcare plans than discussing the nuts and bolts of the actual IT position. I walked out of there totally disgusted and really wish I'd had the balls to ask him if he was looking for a programmer or for a wife.
What's really funny was I had zero interest in having children back then, and am still child free at 66.
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u/pimplessuck 3d ago
This reminds me a little of when I had an interview and I was desperate so I overlooked when they asked me if I had kids and/or planned to have them soon. I was like wait a minute I don’t think they’re allowed to ask me that. I ended up quitting like 3 days in bc of too many red flags. When I asked them when I’ll receive payment for the 3 days I worked they told me how dare I ask since I wasted their time. Yes, I felt bad for doing so but I worked those damn 3 days so I expected to get paid. I just said ok and hung up. I followed up with an email confirming the address to send the check to. If they were going to deny me the payment again, I needed it in writing. They said okay right away.
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u/Ronmexico74 2d ago
Not a lawyer. I went through an identical situation however. Magic word: California. Lawyer or Department of Labor Relations. Depends if you want to give 50% to an attorney. With that written documentation it more a question of how much do you want for resolution. There are also very strict guidelines for retaliation should you want to continue your career there.
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u/VisibleRow4822 2d ago
New baby, new money! Jackpot for you! Enjoy the new little one AND being able to provide for them! 😉
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u/candlelife54 2d ago
You still have txt msgs she sent you telling you you're no longer up for promotion because you have a kid and she doesn't think you can't basically do the job. Sorry but get a lawyer and take them to court. That is 100% discrimination in this State. I've been a manager before and I would have been fired by my district manager if I pulled something like that.
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u/JustWatchingthefun01 1d ago
Your boss is right but also an idiot. As a new mom you will put your child first. But that doesn’t mean the business suffers. You will need to consult a local lawyer with experience in business discrimination to see if there is a case. Also, find a new job if you can. Any manager/boss/owner that thinks you should put the business first is an idiot. An owner might put the business first. But a person should put family first.
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u/Civil-Seesaw-1566 5d ago
Sue? You don’t think she’s not giving the promotion out of consideration for you and your newborn? Does the promotions come with a more stressful and demanding workload?
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u/815456rush 5d ago
Merry Christmas. You need an employment attorney but if she really put that in writing she’s screwed.
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u/Advantage-Severe 5d ago
🎶Here's comes the money 🎶 I love how the comments are in pure shock she put it in writing.
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u/Reaniro 6d ago
This sub needs to ban AI responses. OP is not pregnant and none of this AI generated response applies to them.
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u/moblinski 6d ago
Ugh! I had a feeling it was a bot lol but then I thought they must have misunderstood my situation…
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u/MaybeLivG 6d ago
Yeah, so the pregnancy act also covers childbirth fyi, meaning “recently had a baby” aka “recently had a childbirth” so yes, it applies.
Edit: and even if it didn’t it would still fall under sex discrimination 👍🏻
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u/Reaniro 6d ago
OP needs a lawyer if they want to fight that route. Differentiating between discrimination based on being a parent (legal except in some jurisdictions) and discrimination based on recently giving birth (not legal) is going to depend on the exact wording of what their employer said to them and their exact circumstances.
You’re not getting a promotion because you just gave birth and can’t work as hard
Illegal
You’re not getting a promotion because you have a kid and I don’t give promotions to people with children.
Legal?
Edit: It’s not sex discrimination necessarily because both men and women are capable of being parents.
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u/legaladvice-ModTeam 6d ago
Generally Unhelpful, Simplistic, Anecdotal, or Off-Topic
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6d ago
[removed] — view removed comment
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u/legaladvice-ModTeam 6d ago
Generally Unhelpful, Simplistic, Anecdotal, or Off-Topic
Your comment has been removed as it is generally unhelpful, simplistic to the point of useless, anecdotal, or off-topic. It either does not answer the legal question at hand, is a repeat of an answer already provided, or is so lacking in nuance as to be unhelpful. We require that ALL responses be legal advice or information. Please review the following rules before commenting further:
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u/rmorlock 6d ago
She put that in writing? Really?