Is it legal for an employer to offer you a part-time job and cut your medical benefits after coming back from maternity leave when you were full-time prior to childbirth?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal for an employer to offer you a part-time job and cut your medical benefits after coming back from maternity leave when you were full-time prior to childbirth?

Asked on July 28, 2015 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The employer most likely may not due this *because* you were pregnant or had a child--doing so could constitute illegal gender-based or disability-based discrimination (since preganancy is treated as a disability), or retaliation for using FMLA leave (if you used such).

The employer may do this, however, for valid "neutral" reasons, such as a reorganization which occured while you were out; a loss of revenue, requiring cut-backs; or because when you came back, you told the employer you had limitations on your hours or business travel (if you ask to limit hours or travel, the employer may move you to a different or lesser job).

If you feel there was no valid "neutral" reason and that this was because of your pregnancy or leave, you should contact your state equal or civil rights agency or the federal EEOC, discuss the situation with them, and see about filing a complaint.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The employer most likely may not due this *because* you were pregnant or had a child--doing so could constitute illegal gender-based or disability-based discrimination (since preganancy is treated as a disability), or retaliation for using FMLA leave (if you used such).

The employer may do this, however, for valid "neutral" reasons, such as a reorganization which occured while you were out; a loss of revenue, requiring cut-backs; or because when you came back, you told the employer you had limitations on your hours or business travel (if you ask to limit hours or travel, the employer may move you to a different or lesser job).

If you feel there was no valid "neutral" reason and that this was because of your pregnancy or leave, you should contact your state equal or civil rights agency or the federal EEOC, discuss the situation with them, and see about filing a complaint.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption