Discrimination during pregnany: wages, forced maternity leave.
At the beginning of 2009, my employer cut everyone's wages 20% and management 10%. Managers had to work a full schedule on the 10% cut, while the rest of the staff was permitted to take a day off per week. OK fine, I worked the full time (and put in OT) at less pay.
Fast forward to July 2009. I was 7 months pregnant and my doctor said I needed to reduce some time at work (i have a dr note). My boss offered that I leave at 4pm each day. I figured this was a wash, since I had already taken a cut in pay and was working full time hours. Wrong. She insisted on docking me for the 1 hour, so she changed me from a salaried employee to an hourly employee. Nevermind that there was another management level employee who had been coming in up to 3 hours late, 2 - 3 times a week for physical therapy - he was not docked pay.
Now let's go to September. I'm working from home, 9 months pregnant, and I get a text message from a colleague, congratulating me that I'm on maternity leave. I was dumbfounded as my boss and I discussed I would work from home from September onward until the baby arrived. I called HR and found out my boss made the decision that effective September X, 2009 i was on maternity leave. No phone call, no email, nothing. Her decision.
I feel that I was treated unfairly while I was pregnant. Do I have any case?
Answers (1)
Under the facts stated in the question, the employee may have claims against her employer, including, but not limited to, the following: a sex discrimination claim, pregnancy discrimination claim and a claim for overtime wages.
A current or former employee who has a discrimination or retaliation claim against an employer can seek redress by filing administrative charges with a government agency, such as the Equal Employment Opportunity Commission (EEOC). There are important deadlines to consider. It is critical to file the charge on a timely basis. For instance, to preserve certain federal anti-discrimination and anti-retaliation rights, it is critical to properly file an administrative charge with the EEOC within 300 days of the offending occurrence. It is prudent to consult an experienced employment lawyer.
A person who has a claim for unpaid overtime wages can seek redress by one of several methods. One method is to file a claim with the NYS Department of Labor. Another method is to file a civil lawsuit.
If a person decides to file a lawsuit to recover overtime wages, it is important to remain mindful of the applicable statute of limitations. Under state law (New York Labor Law), the statute of limitations is six years. Under federal law (Fair Labor Standards Act), the statute of limitations is two years, unless there was a "willful" omission to pay wages, in which case the statute of limitations is three years. Depending upon the specific circumstances of a given case, it may be appropriate to file a lawsuit that asserts a claim for unpaid wages under (a) state law, (b) federal law or (c) both state law and federal law.
An employer that is deemed liable to an employee for unpaid overtime wages can also face potential liability for liquidated damages. Under New York Labor Laws, the liquidated damages amount to twenty five percent (25%) of the unpaid wages. Under the Fair Labor Standards Act, the liquidated damages can amount to one hundred percent (100%) of the unpaid wages.
It is prudent to consult an employment attorney who knowledgeable about the foregoing areas of law practice.
DISCLAIMER - Ms. Okoronkwo’s response does not create an attorney-client relationship. A reader who has a legal issue should consult an attorney who is qualified to evaluate the reader’s unique circumstances and to provide personalized legal advice following the evaluation.
posted by Chinyere Okoronkwo | May 4, 2010 10:19 AM [EST]
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