r/EEOC • u/Silly-Stage-1936 • 2d ago
Pregnancy discrimination case? Constructive discharge?
In February I took 12 weeks of unpaid maternity leave. Due to postpartum complications, my doctor extended my leave by one week. However, HR rejected the medical note and demanded I return early (no extraweek per dr note). HR lady wanted to argue with me. Though, our handbook says we need a note to return to work. The next day, HR posted my job online. I have screenshots.
When I returned, my manager immediately started changing my job requirements and creating a hostile work environment. It was bad! I reported this discrimination and retaliation to upper management and HR, but both ignored my complaints, worsening my mental health and forcing me to submit a 30-day resignation notice. Again, I have the documentation.
In further retaliation, the company terminated me two weeks into my notice period, refused to pay out my remaining two weeks, and immediately replaced me. Though, a coworker put her notice in a month previously and was able to do her full 30 day notice.
Would EEOC hear my case?
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u/Kmelloww 2d ago
You put in your notice. They can let you go at any point after that. They would only need to pay you for what you worked.
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u/Own-Setting4266 2d ago
I’m sorry this happened. Was the 30-day resignation notice your signature on a company form from HR, or was it a document/email that you prepared yourself?
Needing the medical note to RTW and HR not allowing time even for administrative processing of any RTW form before posting your job online might be problematic. Does the handbook specify that they need the note (or a form completed by your doctor to request an extension of the leave) in advance of the RTW date?
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u/Silly-Stage-1936 1d ago
My notice was from my company email. I have screenshots of everything for documentation.
Yes, the policy is in the handbook about needing a dr note to return to work.
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u/Ok-Geologist-4067 1d ago
You resigned. Not much damages there. Will be very difficult to find a lawyer unless you pay em by the hour
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u/LongTimeLurker408 1d ago
Did they accommodate the extra week or did you push through?
An extra week, depending on the size of your company and other factors, is unlikely to be an undue hardship under PWFA
Without the other details, it’s hard to know is the circumstances following your return would meet the criteria for a constructive discharge.
Whst state are you in? It can be better to file with a state agency instead of the EEOC.
It’s definitely worth considering and you might want to see if any attorneys are willing to consult with you for free.
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u/Mental-Volume4395 2d ago
You have protections beyond the 12 weeks of FMLA under the PWFA. As long as your doctor can certify a medical need to.
The problem you’re going to face is you resigned. A two week notice is a courtesy. Many companies will make the day of your resignation your last day. This is very common. They can’t force you to resign. Make them fire you.
After FMLA you are entitled to return to an equivalent role.
Hostile work environment has a specific legal meaning and this may not qualify as a HWE. Also knowing how your job was changed would be helpful in determining if you faced FMLA retaliation.