(Closed) discrimination whilst pregnant…..

posted 6 years ago in Pregnancy
Post # 3
Member
2647 posts
Sugar bee
  • Wedding: March 2013

I don’t know how it is there, but here they wouldn’t have given the job at all because you cannot fulfil the contract which you have agreed to do. My friend applied for a nine month contract but was due her baby after six. When she told them they said she couldn’t fulfil the contract, therefore they had to take the offer back.

Post # 4
Member
76 posts
Worker bee
  • Wedding: August 2013

seek legal advice.

Post # 5
Member
963 posts
Busy bee
  • Wedding: August 2011

You can talk to a lawyer about the legal requirements of discrimination. I will say that discrimination cases are usually pretty tough to actually prove, but you can get an estimate of your chances from a lawyer.

Post # 8
Member
2647 posts
Sugar bee
  • Wedding: March 2013

Wthat in that case it’s awful for you! I’m surprised they are trying to get away with it as I’m sure they know the law as well as you. Good luck sorting it out.

Post # 10
Member
2647 posts
Sugar bee
  • Wedding: March 2013

I work in a school myself so know well all the extra time and effort that people put in to the job. After 5 years it must be like a slap in the face. You should talk to them once you calm down. Maybe it will be resolved quickly. 

Post # 12
Member
963 posts
Busy bee
  • Wedding: August 2011

I agree with PP that you should talk to him. Confront him with the facts (you’ve done a great job for 5 years, they previously promised you the contract, etc. And ask him to explain exactly why they didn’t give you the contact.

Post # 13
Member
623 posts
Busy bee
  • Wedding: May 2013

I understand your position, being a teacher myself and good on you for being honest.

From another perspective, you work a 10 week term and then get the rest of the year off for maternity leave, while they then pay someone else to cover you.

You spend one term getting to know the kids, parents etc and then you leave? From a school planning perspective it makes much more sense to put in a teacher who can fulfill the whole year.

I feel like this is more about catering to students needs, than your needs, which I think is appropriate in this case.

 

ETA: Sorry, just read they’re giving you a 1 term contract. Is that on a class, or on more of a support role?

Post # 15
Member
231 posts
Helper bee

The Pregnancy Discrimination Act, which covers all employers with over 15 employees (which I’m assuming a school would have) prohibits any form of discrimination while pregnant. This includes hiring, firing, and differences in pay/ benefits, etc. I would speak to a lawyer who specializes in employment discrimination. I know the proof required can be kind of high if it goes to court, but possibly a letter from an attorney threatening to sue would be sufficient to get them to give you the contract they initially stated they were awarding you. 

 

Post # 16
Member
623 posts
Busy bee
  • Wedding: May 2013

@mcmillan0529:  but does this apply if the worker is on a contract by contract basis? If the contract clearly states that the period of work is for 1 year, and she can’t complete the contract due to pregnancy, I don’t think there are any laws being broken because she hasn’t actually signed any contract, nor has the period of work begun.

@mrsrangrang:  I’m really sorry you’re in this position. They obviously really value you, because they offered you 1 term of work. At my school, if you’re a contract teacher and fall pregnant before a new contract is signed for the next year, it’s ‘see ya later’. I would have a really honest chat with your principal about how you intend to return to work in Term 4 and would really like to return to the school. Good luck!

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