Human Resource Blog

Demotion

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My wife was a buyer for a private company, she was demoted after 2 years as a buyer. The reason she was demoted was because they said she does not know a certain program, when she repeatedly asked to be trained so she can do her job better. Instead of training her, they hired another “experienced” buyer who only lasted 3 weeks at her prior position. They told her she would be an admin and that it’s a lateral move, and her pay would not decrease.

She is in her final month of her pregnancy and was just told that, instead of her usual salary, she would be hourly as of this past Monday, which means her doctors appointment would not be paid.

What are some options she can take in this matter? She has a college degree from a prestigous university, has been with the company for well over 3 years, and is one of only 3 women in her office. Your help in this matter would be appreciated.

Under PDA, the federal Pregnancy Discrimination Act, an employer cannot discriminate against a worker simply because she is pregnant. However, the employer can still take any action that he would have, had the employee not been pregnant, including termination or demotion. It sounds like that is the case here.

There is nothing illegal about an employer demoting a worker. It happens every day. In this case, it appears that the employer has a valid reason – the employee can’t use an important computer program. (If the employer was making this decision solely because the employee was female, that would be discrimination based on sex.)

Employers must notify workers in advance that their salary or wages will change. As long as the employee knew before Monday that her pay was changed, the employer has handled this legally.

Not to sound mean, but it is not the employer’s job to train your wife. If she genuinely wanted to keep the buyer’s job, she could sign up for a course or buy a software manual and learn the required software. Many employers would even allow the worker to use their computer and software, to learn the system on her own time. In fact, they would be impressed by her initiative.

It sounds like the employer is trying to do the right thing by offering your wife another position that she is qualified for, even if it’s hourly.

Also, just so you know, salaried employees do not necessarily have to be paid for doctor’s appointments when they are pregnant. Pregnant women are automatically entitled to time off for doctor’s appointments under the federal FMLA. However, FMLA leave is unpaid, and that applies to salaried workers, as well as hourly workers.