My bonus fell as a result of my pregnancy. Is that lawful?
I work in the HR/Compensation department for a large corporation. I recently received a bonus that reflected average performance. Being disappointed, I pursued discussions with my management, to find out the reasons why (since nothing had been communicated to me earlier, and I've always been a top performer). The explanation given was that management questioned my commitment to my job and to the company.
Unfortunately, in my position, I know exactly how bonuses are determined/administered. We had made a significant change in the bonus program this year, moving it away from a discretionary plan to a performance-driven award. However, my HR management team made what was described to me as "non scientific" decisions based on performance ratings that were not shared/discussed with employees.
My concern is that I was on a pregnancy disability (for a threatened miscarriage) at the time ratings were made. It seems that my lack of "visibility" (due to disability) may have been interpreted as a non-commitment to the company.
Is this type of situation covered under anti-discrimination laws? Thanks.
Answers (2)
This is covered under California law. If you can prove that a bonus you otherwise would have received was withheld because you were pregnant or under FMLA/CFRA coverage (if applicable) -- that would be a violation of law.
Sincerely,
Richard Vaznaugh, Esq.
posted by Richard J. Vaznaugh | Feb 21, 2001 5:23 PM [EST]
California pregnancy discrimination laws are very strong, some of the best in the nation. The situation you describe could well be a violation of those laws. I strongly urge you to consult experienced labor counsel about your situation.
posted by Eve Chesbro | Feb 21, 2001 1:02 PM [EST]
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