People have told us that they are pregnant and during their pregnancy at the office, they weren’t being treated right, they were being treated differently then normal. The boss was on her case and because of this the employee was feeling that she should not return to work after the delivery. Failing to return to work severely limits your options, it’s your choice and once you have made that choice you have very little recourse in the courts or in the administrative agencies.
We know a phrase in the law called constructive discharge; it’s a situation where the employer makes the working environment so miserable because you are a member of a protected class that no person would work under the circumstances. It’s a heightened standard of proof that one has to meet and it’s very difficult when a person voluntarily decides not to go back to work.
This informational blog post was provided by Jane Gould, an experienced White Plains, New York Discrimination Lawyer.