People Processes

Q&A: Does a pregnant worker denied starting a job, when baby is due, have a plausible claim of discrimination? Issue: Lucy, a part-time employee who works remotely, applied for a full-time position with her employer. During the second round of interviews, which included a discussion about the available position and its start date, Lucy told the interviewer that she was pregnant. The interviewer asked when her baby was due and how much time she planned to take for maternity leave. After hearing her response, the interviewer explained that while start dates could be flexible, Lucy’s due date and planned time off interfered with the planned start date so she would not be hired for the available position. The interviewer also told Lucy that the hiring committee would be informed that she would be unable to perform in the position. The available position was filled by a nonpregnant person. Two months later, after having filed an EEOC charge, Lucy applied for another full-time position and was again rejected. D