Job Offer denied bcos the candidate is Pregnant

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nortest

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Job Offer denied bcos the candidate is Pregnant
Applied for a Job in seattle and even got the job offer letter from the company. When the candidate told HR that she is Pregnant, they took the offer back. We still could not believe that this is happening in US. When I said that this is discrimination.... the answer I got back was,"I will spoil ur chances of marketability in Seattle area"

I want to know whether it is legal to deny the offer just bcos the candidate is Pregnant.
Sorry for posting a non-immig. question in this forum.
 
Don't get scared. This is really a case of discrimination. You can consult a suitable attorney and you should sue the company.

If it is a big company say Microsoft, you can make a fortune and retire right then and then only.
nortest said:
Job Offer denied bcos the candidate is Pregnant
Applied for a Job in seattle and even got the job offer letter from the company. When the candidate told HR that she is Pregnant, they took the offer back. We still could not believe that this is happening in US. When I said that this is discrimination.... the answer I got back was,"I will spoil ur chances of marketability in Seattle area"

I want to know whether it is legal to deny the offer just bcos the candidate is Pregnant.
Sorry for posting a non-immig. question in this forum.
Click to expand...
 
nortest said:
Job Offer denied bcos the candidate is Pregnant
Applied for a Job in seattle and even got the job offer letter from the company. When the candidate told HR that she is Pregnant, they took the offer back. We still could not believe that this is happening in US. When I said that this is discrimination.... the answer I got back was,"I will spoil ur chances of marketability in Seattle area"

I want to know whether it is legal to deny the offer just bcos the candidate is Pregnant.
Sorry for posting a non-immig. question in this forum.
Click to expand...
Can you get it in writing that the job offer was denied because of being pregnant? If yes, you have a case. I doubt anyone will give you in writing.

As far as discrimination is concerned, I guess a company has the right to choose. It may be discrimination, but then why should the company take financial burden of pregnancy leaves etc. This is a capitalist country and everyone has a right to choose. As long as the offer letter states that the company has the right to withdraw the offer at anytime, you do not have a case.

It is not that I am not sympathizing with you, I know what happened is bad, but you cant do much about it legally. I would suggest, just leave it and move on.
 
Last edited by a moderator:
needhelp1 said:
Don't get scared. This is really a case of discrimination. You can consult a suitable attorney and you should sue the company.

If it is a big company say Microsoft, you can make a fortune and retire right then and then only.
Click to expand...
You can sue only if you have proof that this is indeed the reason why the offer was withdrawn. I doubt you can obtain any such thing in writing and if the company is giving something like this in writing, then you can ruin that company.
 
I don't think you need the proof because

they have to give another valid reason why they took the offer back after the fact that she had accepted. Forget about making a fortune or not but I think the employer should realise that he is not qualified to be an employer any more. Talk to an attorney and tell them that you want to fight so that no other women is treated this way.

Best,
Raj
 
rapalasa said:
they have to give another valid reason why they took the offer back after the fact that she had accepted. Forget about making a fortune or not but I think the employer should realise that he is not qualified to be an employer any more. Talk to an attorney and tell them that you want to fight so that no other women is treated this way.

Best,
Raj
Click to expand...
C'mon man they can just say that the client cancelled the project. There could be thousands of reasons for not standing on a job offer, unless the offer letter states that once signed by both parties, they are obligated to hire you, you dont have a case. I doubt any offer letter will say that. In fact, I checked all my offer letters for all the jobs I have taken up in this country and back home (some of them with very large multinational organizations). All of them have a unconditional clause that the employer can withdraw the offer anytime for no cause or reason.
 
How did the question of pregnancy come up? Was the information provided voluntarily or did the hr ask about it?
 
hmmm....

Well, they can give any reason sure, but they have to really prove it to Judge. I agree that the employers can terminate you without any reason but they can only withdraw the offer on a particular reason. In other words, if they had hired the lady for a day and fired it would have been no case, since when they withdraw the case they have to specifically mention the reason, else you just go and start working in the office. I personally had a situation when I accepted an offer from Amge few years ago, I mentioned that my I am on my 6th year H1B visa and is expiring in 4 months, they sent me a letter stating that based on the information I provided about the H1B expiration, they are withdrawing the offer.
Let us motivate the person to actually take it to the judge and judge will kick the employer's ass.
If you don't want to spend any money on attorneys, talk to them and negotiate with them that if you win the case he can keep major portion of the fortune or something like that.....and you will not pay him if he looses the case for you. They will agree if you have a good case. Its nice to discuss with others and get opinions, but you have to take the best of it!
Good luck
 
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