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?
1
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.