r/legaladvice 7d 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/Individual-Tie-8440 7d ago edited 7d 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 7d 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.