Does my boss have the right to these things to me?

Question

Recently at work it has been brought to my attention that a position on days was opening up, in a department I would really like to work in. No one else wants the job because the department is one of the hardest to work in. I approached my boss about wanting this position, and he said that he is going to split the position between me and another guy who just started there. This guy told me he didn't even want the position. And that's fine, except he had to keep going and start talking about how he thought it was the best interest for the lab. in the long run.

Now if he had stopped there, there wouldn't have been any issues, but I am 5 months pregnant, and he went on to tell me that I might decided I want to be a full time mom like his wife and mother were. This is the second time he has said this to me 2 months.

A Boss can't say things like that can he? Especially since I'm pregnant and was looking at another position? Oh and I also have a bachelors and this other guy only has an associates. So it's not that I'm not qualified. This boss has also had sexual harassment complaints against him.

Any help is appreciated, it's really insulting to be told that in orderr for me to be a fulltime mom I shouldn't work, when the truth is you're always a parent first. It doesnt mean you can't also work full time.

Thanks so much

Answer 1

I don't thing boss should tell you something like that ethically wise. But I also don't see much of offence in his/her statement. This is practically statement of possible truth. If you would really start to be full time mom in 4 months (I think even less) and this position will be open again. And as you just told it is hard to find someone who will work on that position. Basically if you will be full time on this position and go for maternity you will s***w your company. Will it be fare for the business, or you just don’t really care about it?

Answer 2

Not to sound mean, but get over it.  This isn't something that should be handled legally.  You did get half the position and you are going to need time off to have a baby, so someone will need to fill the spot.  It sounds like he's training the other guy to fill in when you're gone.  He does have to take your 'leave' into consideration when filling positions, but shouldn't have said it.  

Answer 3

It's not so much about what he said.  It's about what he did.  He discriminated against you for a promotion based on gender and pregnancy.

In the US, that's illegal.

Talk to his boss or HR about this.  If you don't get results (the job), contact the EEOC.

Answer 4

He has a right to his opinions, but he should keep them to himself at the workplace.  You have as much right to the job as anyone, regardless of your "condition" (for the lack of a better word).

I'd talk to his supervisor, if there is one.

Answer 5

Sexual discrimination, sue the SOB

Answer 6

Well he gave you the job, even though it is split time, so hard case to argue. Also since you said he made the comments it will be he said/she said if you try to take it somewhere. So if you are going to fight it start it in the company. They know who he is and his record, it will be easier to get somewhere with them. Anyway you can't be a full time mother and work full time. The comment of full time mother is more commonly called stay-at-home mother. You may be always be a parent first but you aren't watching your kids if you are at work. Not trying to say anything against women who work either, it is a simple fact of nature. Unless your kids are hanging out at work with you then you can't see them.  

Answer 7

You are absolutely right. He cannot!  I would print out your e-mail so you have your thoughts together and talk to a lawyer. I would look for someone that would take you on a contigency basis and i would sue then you WON'T have to work

Answer 8

The comments definitely make it seem like he is considering your gender and pregnancy in particular in making his decisions, which is illegal. You could try formally complaining to your HR department or to executive-level management in your company. If that gets you nowhere, file a charge with the Equal Employment Opportunity Commission (the site below). You must do this within 180 days of the alleged violation (i.e. when he refused to give you the job) if you are to have any standing.

Answer 9

You are in a no win situation. If you go to Human Resources and report his comments and make an EEOC complaint, the administration will view you as not a team player and a trouble maker.

You will not get the management position. Per EEOC guidelines, you will show a win, by being supervised by a non harassing boss.

You will be pigeon holed somewhere you don't have to work with this boss, but neither will you ever be allowed into a position where you would have to interact with your boss, and that excludes almost all management positions.

The official reason will be based on the value judgment of your supervisors. In the boss's opinion, your work and attitude will never rises to the level of a manager.

If you continue to work as you are, you may not get the job either. But you will have a job with the friendliness of the other supervisors, and that is where you will need to politic.

Do things for them and let them blow your horn for you. The people who get promoted are the ones who make their boss look good.

Answer 10

He can say it all day long if he wants....if he fires you over it then you have a lawsuit on your hands. I've been denied positions in my job because I'm too young and they are afraid that this isn't a long time career for me. It sucks but I understand their reasoning. It's not fair and it's not right but there's nothing you can do to this guy but quit.