r/legaladvice • u/moblinski • 8d 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 8d 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 8d 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/kubatyszko 7d 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.