Refusing to Reinstate Pregnant Employees in Connecticut as a Cause of Action
As an expectant mother, it is essential to understand your rights and protections when it comes to employment. Employers have a legal obligation to treat pregnant employees fairly and ensure they are not subject to discrimination. In this article, we will explore the rights of pregnant employees in relation to job reinstatement, focusing on the legal implications of refusing to reinstate pregnant employees in Connecticut.
Understand the Cause of Action: Refusing to Reinstate Pregnant Employees in Connecticut
Refusing to reinstate a pregnant employee refers to an act of discrimination by an employer. It occurs when an employer fails or refuses to allow a pregnant employee to return to her original job or provide an equivalent position with the same pay, seniority, retirement benefits, fringe benefits, and other service credits. In simpler terms, employers must reinstate pregnant employees to their previous roles or comparable positions if the employee expresses her intent to return.
Protection against Discrimination
Connecticut law prohibits employers from engaging in discriminatory practices, and this protection extends to pregnant employees. It is essential to understand that refusing to reinstate a pregnant employee is considered a discriminatory practice under the law.
Employer’s Obligation to Reinstate
Once a pregnant employee expresses her intention to return to work, her employer is legally obligated to reinstate her to her original job or provide an equivalent position. This means that if you were on leave due to pregnancy, you have the right to resume your previous role, including all the benefits and rights associated with it. Employers must treat pregnant employees fairly and ensure they are not disadvantaged due to their pregnancy.
Exceptional Circumstances When Refusing to Reinstate Pregnant Employees in Connecticut
In certain situations, a private employer may claim that their circumstances have changed to such an extent that reinstatement becomes impossible or unreasonable. However, this exception is limited and should not be used as a means to deny a pregnant employee her rightful reinstatement. Employers should provide clear and justifiable reasons for failing to reinstate the employee.
Legal Remedies
If you believe your employer has unlawfully refused to reinstate you after your pregnancy leave, it is crucial to seek legal advice promptly. Connecticut law provides remedies to employees who have faced discrimination, including filing a complaint with the Connecticut Commission on Human Rights and Opportunities (CHRO) or pursuing a private lawsuit. Consulting an employment attorney can help you understand the best course of action based on your specific situation.
Conclusion
Being aware of your rights as a pregnant employee is crucial to ensuring fair treatment in the workplace. Connecticut law protects you from discrimination if you are a pregnant employee and your employer is refusing to reinstate you. Remember, you have the right to return to your original job or an equivalent position with all the benefits and rights you had before. If you believe your rights have been violated, seek legal advice and explore the available remedies to protect your rights and seek justice.
Find the Law
“It shall be a discriminatory practice in violation of this section: (7) to fail or refuse to reinstate the employee to her original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits and other service credits upon her signifying her intent to return unless, in the case of a private employer, the employer’s circumstances have so changed as to make it impossible or unreasonable to do so.” Conn. Gen. Stat. § 46a-60 (b) (7) (D).