Dear J.T. & Dale: Last March I was hired as a receptionist. My boss kept saying how wonderful I was. Then I got pregnant. My boss started asking me all sorts of questions that I thought were not quite right, maybe even illegal. I didn’t understand how she could treat me so differently just because I was pregnant. I had to take off a few days with horrible morning sickness, and I ended up having a miscarriage. Then I had to have surgery. When I finally came back, for what I thought was for good, they told me I am a seasonal employee and will be laid off in April. I contacted lawyers, but they want too much money. I don’t know what to do. — Sally
J.T.: I hate to say it, because I am offended by what you’ve gone through, but taking on a discrimination case is expensive and leaves most people emotionally drained. Further, the working world is a small one, and you risk being labeled as a litigious employee. It seems so unfair — and it is.
Dale: Still, we didn’t want to pre-judge your situation, so we once again turned to our favorite employment attorney, Scott Gordon of the Rodey Law Firm in Albuquerque, N.M. His initial response was this: “Usually, if an employer wants to retaliate, it will happen without such a long period of advance notice. That may be why Sally is having a hard time finding a lawyer; the ’system’ is working and the lawyers don’t see this as a valid claim.” However, Scott then suggested two alternatives: (1) Your local Department of Labor office (to discuss whether this fits the anti-retaliation provisions of the Family and Medical Leave Act) and/or (2) The Equal Employment Opportunity Commission (because it enforces the Pregnancy Discrimination Act, which is part of the Civil Rights Act of 1964). Scott ended on an uplifting note: “If Sally has a legitimate reason to believe that her rights have been violated, then it is important that she seek redress. Consistent enforcement of the anti-discrimination laws is good for employees, good for employers and good for society.”