If my wife is being passed over for jobs because she missed work due to a pregnacy that went bad what can we do?

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If my wife is being passed over for jobs because she missed work due to a pregnacy that went bad what can we do?

My wife works at a bank part time. She has missed work due to a pregnancy that turned out to be ectopic. She has missed only 1 day other than those days due to the pregnancy. She hasn’t been fired but she is being passed over for full-time positions because she is “unreliable”. Is there any recourse in this matter?

Asked on January 19, 2012 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You and your wife should consult with an employment law attorney. The law forbids employers from discriminating against women due to pregnancy. Depending on the exact circumstances, it is possible that taking negative employment action--e.g., denyng someone a promotion--due to a pregnancy-related medical condition could constitute such illegal discrimination. Much depends on the precise facts of the pregnancy, her job, her days out of work, etc., so you need to discuss this matter in detail with employment counsel to evaluate whether you have a case and what it might be worth. Good luck.


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