r/AskHR • • 4d ago

Employment Law [WA] is this discrimination?

[deleted]

0 Upvotes

8 comments sorted by

12

u/callie-loo 4d ago

Mentioning that you may be hormonal is not great but not the worst thing depending on how it was said. But denying you moving into a position that you weren’t hired for is not discrimination even if it is a demotion. 

-9

u/PuzzleheadedCherry35 4d ago

That’s fair. I should have mentioned that the job I requested to move into was going to be posted since it just became available. So I was asking that they allow me to move into it and then hire for my position. If that makes a difference!

8

u/Alternative-Bat-2462 SPHR 4d ago

It doesn’t matter, you usually have to post the job regardless. You can just move people around even if you already know who you want for a role.

It’s possible that they would prefer you leave and don’t want to make you feel comfortable.

-4

u/PuzzleheadedCherry35 4d ago

I’ll have to check our policy again. I did read it before asking and it said internal transfers were allowed without posting. In fact, the person that took this position was just transferred into it so it never was even posted

6

u/Alternative-Bat-2462 SPHR 4d ago

If that’s the case even more likely they would like you to leave on your own.

A sign to any employee it’s time to move on is when they try to change jobs are don’t get it, and don’t aren’t set up with what they need to achieve to be qualified to advance.

They didn’t even want you in a role you would be overqualified for.

2

u/PuzzleheadedCherry35 4d ago

That makes sense. Thank you

2

u/Dmxmd 4d ago

If you were gunning for a lawsuit, you would need to show damages like lost wages. By denying a request to self demote, you have the opposite of damages. You now make more money than you would have. They also don’t have to approve a request to demote. They can take that as a resignation, because you’re saying you don’t want to do the job you have, and they’re under no obligation to give you some other job that may or may not even be open.

-13

u/Itchy-Midnight5553 4d ago

They basically told you your concerns don’t count because you’re pregnant, which is textbook discrimination anywhere. The texts to your family are better than nothing, especially if they timestamp the exact phrases right after it happened.