can my employer delay my raise because i'm pregnant?

November 30, 2005 7:15 AM

my employer recently told me that a number of people in the company are underpaid relative to industry standards and will be getting salary adjustments. The good new: I am one of those people. The bad news: Everyone else who is getting a raise is scheduled to get theirs on january 1st; I, on the other hand, was told that mine would start on May 1st, when I return from my 3 month maternity leave (February to the end of march). Is this legal to treat me differently because I am pregnant? Note that I will continue to be paid during my maternity leave, as this is company policy. In effect, they are postponing my raise by 4 months. I do plan to return to work and have told them this. Any advice is appreciated!
posted by anonymous to work & money (34 comments total)

I'm not sure if it's illegal, but it sure isn't nice.
posted by zerolives at 7:17 AM on November 30, 2005

Tough one. Based on what you are saying, you WILL be working when the raises are handed out and will continue to work for an additional month or so beyond that before taking maternity leave. Based solely on that, I'd say you're getting a raw deal. Maybe Dios would have something to offer.
posted by j.p. Hung at 7:25 AM on November 30, 2005

It would likely be illegal in the UK, provided you had been in the job long enough. Shame you didn't mention where you live, I suspect even if we assume US there will be differences in state laws. (To be even more picky, February to the end of March can never be more than 2 months)
posted by biffa at 7:28 AM on November 30, 2005

I think she was saying February to the end of March is around when she'll be returning to work.
posted by ThePinkSuperhero at 7:30 AM on November 30, 2005 [1 favorite]

In the US, not only is it legal but it's a very common tactic to delay pay raises until after the employee has used her paid vacation time. Your employer made a mistake by telling you that you were being 'singled' out, but now that you know you may consider just asking him nicely if you can get the raise before your maternity leave or if some sort of compromise can be reached where you get a partial raise now and the rest in six months perhaps. You're not being discriminated against, though; remember "[d]iscrimination occurs when an employee suffers unfavorable or unfair treatment due to their race, religion, national origin, disabled or veteran status, or other legally protected characteristics." Your employer's just trying to save itself a few bucks and would apply the same logic elsewhere.
posted by nixerman at 7:34 AM on November 30, 2005

*warning, this is just speculation and IANAL*
they don't have to give anyone a raise, so I'm not sure this is illegal. they can choose to give you a raise whenever they please, or not at all.
posted by poppo at 7:37 AM on November 30, 2005

but as zerolives said, it's certainly not nice
posted by poppo at 7:37 AM on November 30, 2005

You do not indicate where you live or how many employees work at the firm. If you live in the United States, and your company has at least 15 employees, they are subject to the rules put forth in Title VII of the Civil Right Act, and for your case its 1978 amendment the Pregnancy Discrimination Act, which specifically prohibits discrimination of compensation based on pregnancy status. So the short answer to your question is: yes it is illegal.

It does not matter that the employer does not have to give everyone a raise. It also does not matter that employers commonly delay raises until paid vacation/sick time is used up. Anonymous' is being singled out solely based on her preganacy status with respect to her compensation and this is specifically prohibited by law.

Now, whether or not you wants to do anything about it is a different matter. Paid maternity leave is a rare thing in many places so at some level it may be worth it not to stir the pot. Of course, simply pointing out the law to an employer will often lead to the issue resolving itself. If you want to take it further, file a grievance with your local EEOC office.
posted by peppermint22 at 7:49 AM on November 30, 2005

In the US, not only is it legal but it's a very common tactic to delay pay raises until after the employee has used her paid vacation time.

But this isn't her paid vacation time, it's her paid parental leave.
posted by duck at 7:52 AM on November 30, 2005

In some US states maternity is in fact a protected status under disability or other rationales.
posted by miss tea at 7:53 AM on November 30, 2005

You're not being discriminated against, though; remember "[d]iscrimination occurs when an employee suffers unfavorable or unfair treatment due to their race [...] or other legally protected characteristics."

Pregnancy is a legally protected characteristic -- it is illegal to discriminate against someone in employment for being pregnant.

It's true that an employer can give or not give raises whenever they want, but only to the extent they are not practicing discrimination. They couldn't say "we can do what we want, so raises for all the christians," for example.

It is clear from the poster's description that she is being singled out -- she is the only person who will have her raise delayed by four months. If this is because she is taking maternity leave, and is not being applied to other people taking paid leave or vacation time they are entitled to by established practices, then it is illegal.
posted by crabintheocean at 7:56 AM on November 30, 2005

Something like 40% of new mothers who take maternity leaves never return to their old employer. Sure, most of them tell the employer they're returning, and then the baby comes, and Everything Changes.

So that's what the employer is thinking - 40% chance you won't be back, so don't up your pay unnecessarily. You don't have to agree with it or like it, but that's what they're thinking.

There's no legal obligation (in the U.S.) to pay you anything during maternity leave. If the employer has less than 50 people, there's no legal obligation to *grant* maternity leave at all - don't show up for work while you're in labor, get fired, no recourse. So you could consider looking on the bright side: three months of pay that very many employees in the U.S. wouldn't get. If you dislike the legal situation, move to Canada or agitate for better laws in the U.S.
posted by jellicle at 7:58 AM on November 30, 2005

My opinion (Labor Organizer with a working, but far from exhaustive knowledge of labor laws) is that you have a case for this being sex discrimination. With these kind of things it's always "a case" rather than "this is discrimination". While it's true that they can give anyone a raise or not whenever they want too, they can't not give someone a raise because they belong to a legally protected class, when they would have gotten it if they did not belong to that class (ie if they were a man rather then a woman, or vice versa).

Equal Ops laws vary from state to state, and even from city to city, and maternity leave might or might not (probably not) be covered explicitly. If it isn't, your case would rest on showing that a male employee in a parallel situation got his raise on time. Parallel situation would probably have to mean that he was out on some other kind of extended paid leave. That means that a frequent problem with showing discrimination is finding someone with a comparable situation (although other times it can be more cut-and-dried).

Unless you want to leave/lose this job anyway, your best option is almost certainly NOT to got this route. I think you should talk to your manager, explain how it's unfair, ask to get your raise on time. If you can point out that this wouldn't have happened to a guy, without it sounding like you're threatening legal action, you might be able to put the thought in their heads without making too many waves.

(all this assumes you're in the US)
posted by crabintheocean at 8:11 AM on November 30, 2005

Hrmm... I find myself conflicted about this... on the one hand, it sure sounds like your boss is being kind of a prick. On the other hand, they are giving you paid maternity leave, which many many many companies do not do. Is it a significant enough raise to warrant rocking the boat?
posted by antifuse at 8:12 AM on November 30, 2005

whoa! I think my wife (who also uses this account) posted at the same time as me!
posted by crabintheocean at 8:12 AM on November 30, 2005

Without knowing more details, it's impossible to answer whether it's legal. But with regard to legality, the only relevant question should be: Is four months' worth of "salary adjustment" worth your legal fees and dramatically rocking the boat? People often ask about legality, and the answer is usually along these lines: "Finding out is going to cost you a trip to a lawyer; and if the law is on your side, he's going to have to get involved. Whatever you're fighting over, is it worth that?"

The answer is usually, "Probably not"; if that's true in your case, stop thinking in terms of law. Can you approach your employer directly? If you do, have you got a decent argument why you should get the raise now -- for instance, are you a longtime loyal employee, versus a recent hire? Are you actually in a position where the raise would make a significant difference during those four months? If so, go ahead and plead your case. Don't be shy -- but be polite, and do not, do not, do not discuss law.
posted by cribcage at 8:20 AM on November 30, 2005

Anonymous, I really do hate to say it, but as you have probably seen from the range of conflicting responses (some guessing at the relevant local statute, some based on variable interpretations of the same law) that a definitive answer will only come from an attorney specializing in employment law who is fully familiarized with the local statutes and all the particulars. But then, you probably knew that before you posted to AskMe
On preview, what cribcage said too.
posted by misterbrandt at 8:33 AM on November 30, 2005

If you are being treated differently from your coworkers only because you are pregnant and expect to take maternity leave, this is probably a case where your employer is violating federal - possibly state and local as well - anti-discrimination laws.

Definitely call up your state or local bar association and ask for names of some employee-side labor law attorneys. Get a consultation with one.

You may want to first approach your employer in a non-confrontational way. Tell them you believe it may be illegal for them to defer your raise due to your pregnancy; ask him if he's cleared it with the company's lawyers, and if not, ask him to do so.

If you fail to get an appropriate or satisfactory response, you may need to resort to legal process.
posted by mikewas at 8:49 AM on November 30, 2005

On second glace, if your company has an etablished policy that they *do* pay for maternity leave, the deferment may be a violation of that policy, depending on how it's worded. Certainly it would be a problem for them to not pay you during leave if they have a policy in place.
posted by mikewas at 8:51 AM on November 30, 2005

if i were you i would try applying for other jobs during your maternity leave, if possible.
posted by andrew cooke at 9:05 AM on November 30, 2005

Look at it from the employer's point of view. They've already committed to paying you during your maternity leave. Now you want to get a raise on that so they'll be paying you even more when you're not adding any value to your company. It seems quite reasonable for them to not want to give you even more money while you're not at work and to only give you the raise after you're back at your job.
posted by gyc at 9:06 AM on November 30, 2005

jellicle said: There's no legal obligation (in the U.S.) to pay you anything during maternity leave. If the employer has less than 50 people, there's no legal obligation to *grant* maternity leave at all - don't show up for work while you're in labor, get fired, no recourse. So you could consider looking on the bright side: three months of pay that very many employees in the U.S. wouldn't get. If you dislike the legal situation, move to Canada or agitate for better laws in the U.S.

I'd have to agree. It all comes down to whether Anonymous wants to rattle the cage, rather than necessarily what's "right". Sometimes we have to overlook what is ethically "right" in order to keep things running smoothly. If Anonymous likes their job and likes their workplace, it's not worth rocking the boat for a measly few percent.

On a more personal note, I'd consider it more ethical for the raise to come after the maternity leave. Raises are often given to motivate employees to work better in future, and since Anonymous will be taking a few months off almost straight away, it defeats the point, as well as possibly being unfair to other employees.
posted by wackybrit at 9:48 AM on November 30, 2005

wackybrit & others: I must split hairs here, anonymous is not receiving a "raise" but a "salary adjustment" - to correct what her company recognizes as underpayment for the same work when compared to the industry. This implies (to me, IANAL, mighty damn far from it, actually) that merely by acknowledging this disparity, the company is saying in effect, "This is what we probably ought to have been paying you for some time now, for the value you have already added to the company." This is why I think that anonymous' employer does have an ethical obligation to give anonymous the same raise at the same time as everybody else who qualifies, regardless of what the maternity situation is. Legally though, I've got no idea.
posted by contessa at 10:07 AM on November 30, 2005

To possibly derail the thread even further with a completely hypothetical question: If the "salary adjustment" to even things up with the industry were downward, do you think the boss would play the same waiting game with anonymous?
posted by contessa at 10:10 AM on November 30, 2005

I'm not in the US, but it's worth looking at the employee handbook to see what it might have to say. Ours very clearly sets out how pay for leaves will be calculated based on pre-leave base pay.
posted by jacquilynne at 10:45 AM on November 30, 2005

Haven't read the whole thread but...

Maybe a negotiation is in order - suggest that they save up the difference in pay as a return to work bonus.
posted by Chuckles at 10:49 AM on November 30, 2005

If you're in the UK this strikes me as bang on sex discrimination. You are being deprived of something (the raise) by your employer because of your sex. (IANAL!) I would speak to these people , or indeed (though I hate to say it) your trade union if you're a member.

That said, antifuse raises a good point, do you want to cause lots of hassle/ bad feeling, for the sake of a couple of months raise? Whilst it would be illegal to sack you for complaining, promotion may not appear etc etc - entirely co-incidentally no doubt...

Irrespective, congrats on little person producing powers
posted by prentiz at 11:28 AM on November 30, 2005

In Canada, they'd have to grant you the raise. However, because you've only got a 3-month mat leave, I'm assuming you're in the US.
posted by acoutu at 11:35 AM on November 30, 2005

Anon, if there is a worker's center or other organization that offers free legal clinics for work-related issues, I would go get some legal advice. I'm only a law student, but there's a lot of questionable stuff in this thread. Mostly the stuff about how since you're ER doesn't have to give paid parental leave, he doesn't have to adjust your salary as he does everybody else's. That's like saying that because McDonald's doesn't have to give out free ketchup packets, they can selectively overcharge certain customers for Big Macs. Or something.

Also: You can go see a lawyer who might be willing to take the case on contingency, or you can go see a lawyer who will give you advice and let you go your own way. There's nothing that says if you talk to a lawyer, you have to hire her, so this isn't a case of "take the unfair treatment or spend a zillion dollars."

If you're in Chicagoland, email me and I'll help you find someone to talk to. Hell, if you're not in Chicago, email me anyway. I know some similar organizations in other parts of the US that might be helpful.

And I would love to chat with whichever crabintheocean is the organizer, if you would email me!
posted by jennyb at 12:01 PM on November 30, 2005

One more pitch for seeking help for a worker rights center - even if you don't want to take legal action, it will do you a great service to know your rights under the law in your area before you go speak to your boss. And if your boss choses to retaliate against you for seeking to vindicate your rights, you might well have a legal case there, too.
posted by jennyb at 12:04 PM on November 30, 2005

A specific number to try to get individualized advice and find out more about your legal rights, especially if you're in the US, is ERA's tolll-free Advice & Counseling hotline. Their areas of expertise include

* Pregnancy discrimination or maternity leave problems at work
* Family medical leave issues
posted by PY at 12:39 PM on November 30, 2005

cribcage and crabintheocean have already mentioned this, but: If you approach a lawyer or worker rights center for information (and I'm not saying you shouldn't), you should be very careful how you then talk to your boss armed with this info. I've seen more than one work situation explode into acrimony and hate because one party got a lawyer and the other party freaked at the perceived threat. Yes, threat. That's how your boss may take it if you start talking about discrimination, legal rights and what not.

Is that fair? No. Should you find out all you can in advance? Yes. Should you then proceed to tread very, very carefully? Absolutely. Especially if this is a small company, and even more especially if the "salary adjustment" is in any way voluntary on their part.

Consider that from their perspective what you're asking may come across as ingratitude. Again, I stress, from their perspective.

I like chuckles suggestion.
posted by zanni at 12:53 PM on November 30, 2005

Maybe I am naïve, but is it possible that the boss is just thinking simplemindedly about saving the company some money and did not even consider that deferring her raise could be construed as discrimination?

Anon, before talking to lawyers or EOE advisors, first just calmly talk to your boss. Let him know that the raise is appreciated, as is the paid maternity leave, but the deferment seems like discrimination. Certainly the pay increase is as much of a reflection on the work done while working at the company accruing the maternity leave (don't most companies have a month for every year type of maternity leave policy?) and you were loyal to the company while the compensation for that position was higher at other companies.

If he express that the deferment is motivated by the concern that you won't return after your maternity leave, perhaps you could come to a compromise like back-payment for the increase upon your return (if he agrees, get it in writing!)?
posted by necessitas at 1:36 PM on November 30, 2005

This is probably illegal. However, you should calculate just how much money their mistreatment is costing you, and determine if it's really worth jeopardizing your career over. It might not even be enough to pay your legal fees.
posted by MrZero at 3:07 PM on November 30, 2005