Facing Pregnancy Discrimination at Work: How Can I Stand Up Against Pressure to Resign?

Dear members, please guide me. I am 4 months pregnant and have been associated with a recruitment consulting company for the past 2 years. The day I informed them of my pregnancy, things changed for me. They stopped assigning me work, and I had a few complications in the 3rd month of pregnancy. I requested to work from home and continued working despite the challenges. However, upon returning to the office, I was informed that they had decided to remove me from the project. I assured them of my well-being and willingness to continue working, but they are insisting that I resign.

They are making things difficult for me every day, directly and indirectly suggesting that I should rest and resign, and only return after everything is settled. Initially, they cited stress as a reason for resignation, but when I refused, they claimed there were no available projects to accommodate me. They are now threatening me daily, stating that I am underperforming and could be terminated. I have requested work or a project, but they are unresponsive.

Please investigate this matter and assist me. Private companies have legal teams, and as individuals, we often feel powerless to fight against them. In cases like pregnancy, families may also advise leaving to avoid stress. However, this situation is demoralizing, especially considering the government's efforts for women's empowerment while companies like this target pregnant women, impacting their careers and health.

Thanks,
Palak

Dear Palak,

It is really sad to hear, but yes, you can approach the nearest labor office to complain about the same and meet your area's labor officer to assist you with this issue. Also, nowadays, there are many electronic complaint gateways available on which you can try to post your complaint.

Role and Designation Details Needed

You have not mentioned any details about your role and designation; please mention those details. If you have any compulsion to work, then consider taking a long leave based on a medical report and opinion, and join back after the situation is under your control.

Maternity Benefit Act and Employer Responsibilities

Since the Maternity Benefit Act has been amended, many employers are playing truant, but they cannot force you to resign. They may create situations for you to resign; do not succumb to the pressure. Apply for leave on the document with acknowledgment. If they refuse to accept, send it by Registered A/D.

A clear opinion can only be given after you provide the desired inputs.

Warm Regards,
Bharat Gera
HR Consultant
[Phone Number Removed For Privacy-Reasons]

Current Employment Situation

Currently, I am working as a recruiter. They are saying the company is not doing well, and my role has become redundant. They are trying to find me another position and have asked me to work in the office, which is almost 12 km from my house.

Pregnancy and Work Challenges

During the third month of my pregnancy, I was sick due to morning sickness. Although I was working from home, they are not willing to consider that and have deducted my leave, leaving me with no leave balance.

Concerns About Termination

I can clearly sense that they are planning to build a case against me so they can terminate my employment on performance or role redundancy grounds since I have informed them that I will not resign. In the month of June, before announcing my pregnancy, they awarded me the top performer award. However, just after informing them about my pregnancy, they started using these tactics to make my life miserable.

Please advise if they can terminate me by stating that my performance is not up to par or that there is no longer a role available for me.

I would suggest that you take leave on medical grounds if you wish to smoothly save your job.

Dear Palak, have you shared the information with the company through a formal email or an application? If not, please do so immediately. Also, do not resign; you can take a holiday under the Maternity Benefit Act.

Having a legal team does not mean they can bend the laws. They might genuinely want to shift you to another project, as you will surely go on a 6-month leave, and no project can be left unmanned until that date. Take on the smaller project, which may be for the duration you will work before the Maternity Leave.

Keep all correspondence in writing and through email, with a CC to the HR and the Top Management, along with your group or team leader.

Wishing you the best.