Pregnancy Discrimination or Justified Adjustments

[BananaFiend]

Pretty surprised that I am feeling the need to write this as my employer was brilliant supportive during my first pregnancy etc.

However, this 2nd pregnancy with them seems to be rather different. Unfortunately this pregnancy is a "high risk" pregnancy and so I am needing to attend consultant appointments every fortnight and have been signed off from driving and been told to rest as much as possible. I have been making up all missed time from work outside of my usual working hours and have ensured I still meet all deadlines etc and have not passed on work to anyone else (actually I have been covering for various colleagues whilst they have been off ill!)

I did not think this to be much of an issue as we mainly work from home and only really use the office as a base between meetings or if we need to catch up with a colleague etc. Prior pregnancy I would only be in the office once or twice a week.

During pregnancy I am still getting into work once a week via car sharing and have said I could attend any meetings via public transport or by phoning in (again this has been common practice prior pregnancy too)

Anyway, my Director called me into the office to have a "chat" in which he told me that they believe that I need to focus more on my pregnancy (he kept going on about how wonderful it is I am pregnant etc etc) and so to do that they are scaling back my responsibilities and changing my role. He tried to put a positive spin on it by saying they will be using the skills I developed in previous roles.

When I said this disheartens me as I wanted to remain on track for my promotion he said that it wouldnt be possible whilst pregnant. I asked him why and he said because I failed to answer my phone to a client, had someone else cover a meeting for me and sent a rude email to a client which shows clearly my pregnancy is clouding my judgement.

I tried to explain to him that I missed a phone call because I was in hospital but he said I should have still answered it (baring in mind no one else answers their phone when sick or in a meeting?).

I explained the meeting situation but he said they felt they had no choice as I wouldnt drive (but that is pregnancy related?).

Regarding the email, it simply said "please contact my colleague who has now been asked to look after this project by your client" and so whilst I can see perhaps I should have forwarded the email to my colleague to pick up rather than giving his details out, I do not consider it to be rude? and certainly wasnt written in poor judgement due to my pregnancy.

Whilst I am not expecting to be suddenly promoted I was at least expected to remain supported on the track to a promotion, espeically as it has been previously mentioned numerous times how "cheap" they got me and how I am certainly operating close to the promoted level already etc. But since becoming pregnant this tune has changed, they keep pushing back my review until this meeting where they have now taken it away completely.

I did follow up with an email asking for clarity and they said that firstly they would prefer to talk over the phone rather than email but they did say the changes have come because I am unable to drive and need to attend various hospital appointments.

Are these changes justified? The changes mean that I am now essentially doing a role below me so have gone backwards with my career rather than forward and I feel that there hasnt been any discussion with me how they can offer support.

[TalaxuArmiuna]

Yes that sounds like discrimination. They haven't attempted to make reasonable adjustments to enable you to carry out your normal role. Deciding in your absence to effectively demote you rather than talking to you about how they can enable you to keep functioning at the level needed is condescending paternalism, and unacceptable.

Do you have a union?

[BananaFiend]

Thank you for replying @TalaxuArmiuna , it's much appreciated. I havent a Union but I have contacted "Pregnant then Screwed" for advice, just waiting on a reply.

[iklboo]

He expected you to answer your phone and have a discussion with a client while you were in hospital? Would he have expected this of a male or non-pregnant employee? Unacceptable IMHO.

[blackcat86]

Could you try and ask for further clarification and see if they will say in the email specifically not answering your phone at hospital etc or say that it would be helpful to have notes from the meeting if he would agree xyz was discussed. It sounds like discrimination dressed up as help and I'm sure any evidence will be helpful to you in the future.

[HopeYouStepOnALego]

I'd definitely say this is discrimination. Do you have an HR department that you can discuss this with OP?

[BananaFiend]

I have actually done exactly that and have now got it written in an email @blackcat86 !

@HopeYouStepOnALego unfortunately no as it's such a small business

[blackcat86]

Well done! Just shows how blatant the discrimination is if they'll put it in writing.

[daisychain01]

I did follow up with an email asking for clarity and they said that firstly they would prefer to talk over the phone rather than email but they did say the changes have come because I am unable to drive and need to attend various hospital appointments.

Yes, I bet they prefer to do things verbally, they want to have as scant an audit trail as possible.

That's fine, play them at their game, but there's nothing to stop you from confirming the verbal discussions in a follow up email, to ensure it's all captured in writing - to ensure no misunderstandings of course!

They are showing discriminatory attitudes and behaviour, because they are incapable of recognising that being pg does come with complications and health challenges that means you aren't necessarily able to undertake all duties to the same pace and timeframe (eg it is incredibly unreasonable of them to expect you to answer the phone when you've stated you were in the hospital.)

If they previously indicated to you timescales around your promotion, which you believe they are now back tracking on, you need them to re-state their commitment as to when it will happen. A colleague of mine was promoted while she was on mat leave, returning to work in her new capacity after her mat leave ended. This was because she highlighted to them that they had discriminated against her by failing to give her the promotion opportunity during her mat leave (a male colleague was given the promotion, surprise, surprise!), so they were forced to capitulate.

[Mammyloveswine]

Shocking...however they've shot themselves in the foot!

Clear pregnancy discrimination...take them to the cleaners!