Job offer rescinded due to pregnancy

Facebook fjsosnrur
Oct 15 28 Comments

Asking for a female friend.

A friend of mine whose is pregnant and whose due date is very close just received an offer from one of the big tech companies in Seattle area. She signed the offer and then when discussing the start date with recruiter, was told she had to start only 2 weeks after her due date or they would rescind her offer. If they indeed end up doing so, does this constitute pregnancy discrimination? Can she file a compliant/lawsuit against this with EEOC? Any advice?

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TOP 28 Comments
  • Amazon akD8jA
    Name and shame this company, even if it is the one I work at. This kind of stuff should make news and no one should work for such companies. Why should the candidate waste money hiring a lawyer, just tell the media and they will take care of the rest.
    Oct 15 2
    • Amazon kebab
      Highly likely lmao
      Oct 15
    • Facebook fjsosnrur
      OP
      Fortunately it is not Amazon :) I think her best of course of action is talk to a lawyer first and seek advice what to do next, including taking this to the media.
      Oct 15
  • Apple kkjjklk
    2 weeks after the due date? Have they ever seen a woman 2 weeks after delivery??
    Seriously name and shame the company.
    Oct 15 1
    • Facebook fjsosnrur
      OP
      This is clearly a lack of the most basic human empathy to the least, if not illegal
      Oct 15
  • Zillow Group sl4zfy
    She likely has a case and should talk to a lawyer.

    Sad that this happens. I have seen a lot of this kind of thing at Zillow and specifically not hiring or promoting women who are pregnant.
    Oct 15 1
    • Facebook fjsosnrur
      OP
      Agreed. If they indeed end up rescinding her offer, I'd persuade her to find a lawyer for sure.
      Oct 15
  • LexisNexis Risk Solutions / IT tiber
    Nope. She voluntarily told them she was pregnant and they laid out the company policy and she can choose to adhere to it (or not). She's not eligible for FMLA since she hasn't been there for 12 months.

    Honest to God the best thing for her would be to NOT change jobs right now.
    Oct 15 6
    • LexisNexis Risk Solutions / IT tiber
      Take it up with your congressman.
      Oct 16
    • Amazon mmmehhhh
      Why? There are already laws protecting her. She doesn’t need FMLA she needs her start date pushed back.
      Oct 16
    • LexisNexis Risk Solutions / IT tiber
      Right. The FMLA is the body of law which provides leave to employees specifically for childbirth and extends protections to them. She might be able to take unpaid leave in a best case scenario.

      They'll probably just be like "hey thanks for showing up on the first day but you've been downsized" and give no further reason and it'll be perfectly legal.
      Oct 16
    • Amazon mmmehhhh
      Wouldn’t that be with her current company ? Any maternity leave or FMLA laws will apply with her current company. Her new company doesn’t have to give her leave but they can’t expect her to join 2 weeks after due date.
      Oct 16
    • LexisNexis Risk Solutions / IT tiber
      Right - so when someone says "the new company has to...." No they don't.
      Oct 16
  • Square qUyg65
    Not sure about the options, but I'm curious if your friend was allowed to start after 2 weeks, and immediately take mat leave? Also, this is shitty shitty treatment. If she's an engineer, feel free to pm me her info and I can try refer her internally at Square
    Oct 15 1
    • Facebook fjsosnrur
      OP
      She is still negotiating with this company so not sure if she can do that. Highly doubt though.

      Thank you for offering your help refer! She is actually a data analyst/scientist so does Square have data openings?
      Oct 15
  • LinkedIn ugjM43
    Name and shame
    Oct 15 0
  • Adobe qqXb73
    Yep. Talk to a lawyer
    Oct 15 0
  • Microsoft
    Pined

    Microsoft

    PRE
    Amazon
    Pinedmore
    It’s great to see so many people standing up for the rights of pregnant women. I’d love to hear people’s thoughts on why someone would start a new job and then immediately take maternity leave though.

    I know someone who did this twice. She started a new job for a large tech company and then within a few months took a 5 month maternity leave. Then later she started at a startup and within a few weeks took maternity leave.

    As a manager this behavior really surprises me. Why would you want to start a new job making that impression? It looks like you’re using a company to pay you to have kids. I would expect women and men to plan the timing of their new jobs better. Maternity leave is such a privilege (at least here in the US). Women fought for decades to get us leave and more than half of companies still don’t have any paid leave. I’m really curious to hear other people’s thoughts as I wouldn’t feel right asking my friend this question.
    Oct 18 1
    • Genesys / Creative
      washtub

      Genesys Creative

      PRE
      Deloitte
      washtubmore
      These tech firms pay tons of money for stupid stuff. Someone “getting over” by taking maternity leave is nothing (in terms of money) to these tech firms, lol. I agree that people should time things better—but that is not how life works, especially when it comes to starting a family.
      Oct 26
  • F5 Networks wait,what?
    Why wouldn’t she just start and then go on maternity leave?

    Also, they aren’t allowed to ask when due (technically if she’s even pregnant or not). And not offering a pregnant woman a job is also discrimination.

    Without 100% of the details from both sides, nobody will provide the most accurate advice.
    Oct 15 1
    • Apple kkjjklk
      Most likely she can't go on maternity leave right after joining (most companies require a certain period of time being at the company, before being eligible for maternity leave)
      Oct 16
  • Facebook fjsosnrur
    OP
    Thanks to everyone who responded with your empathy, advice and encouragement. She is still negotiating with this company so fingers crossed and I will update in this thread later how it goes.

    Will drop a hint of this company's name if it doesn't work out in the end.
    Oct 15 1
    • SAP zCsE38
      she should definitely consult with lawyer about course of action. a friend of mine is suing an organization (not tech) for discrimination and the lawyers have advised not to name & shame while legal action is in progress. of course if she doesn't take legal action, then hell yes name & shame and i'm betting a significant # of people here will all help you amplify.
      Oct 16
  • New xavi
    Name and shame
    Oct 15 0
  • Zillow Group Hogwarts1
    Firstly, congrats to her on the expected baby! I was in a similar situation but with paternity. My boss clearly told me that if they rescinded the offer that would be illegal. So my guess is there may be a case here. Good luck!
    Oct 15 0
  • Facebook neco
    I've read something exactly like this happening with Lyft. Is this the company?
    Oct 15 1
    • Facebook fjsosnrur
      OP
      No, but how did that case go?
      Oct 16

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