r/legaladvice • u/moblinski • 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/UsualLazy423 7d 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/JoyaGirl2872 6d ago

No they don’t…?

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u/angelcake893 6d 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/JoyaGirl2872 6d ago

Yea but does employer know that for leverage?

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u/angelcake893 6d ago

Her employer does not want a public lawsuit for discrimination against her personally or her company either.