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Is this gender discrimination?
Posted by: Roger ()
Date: June 13, 2013 12:47AM

My sister is a police officer in California. She passed her sergeant's exam last October and her captain just informed her this week that they have a slot and they've formally offered her the position.

The problem is she gave birth 2 weeks ago and was on maternity leave until the end of July. My brother-in-law (her husband and the baby's father) was killed in Iraq in December so, she's on her own. She has friends and family helping her out but, no permanent childcare yet.

The captain went on to say that if she doesn't take the promotion now and come off maternity leave then she loses the promotion opportunity. Her name would go to the bottom of the sergeant's promotions roster and have to rise up the ladder. Might be a year or more...A nice thing is if she takes the current offer, it's at a precinct much closer to her home but, there's no guarantee if she waits that she'd get the same assignment. She might get another one that's further away from where she lives now. Sure, she could move.

She thinks she has a gender discrimination case because if she was a male officer she'd never be in this position. All she wants is to assume the offer at the end of July at the end of her maternity leave. Does she have a case?

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Re: Is this gender discrimination?
Posted by: Gerrymanderer2 ()
Date: June 13, 2013 01:30AM

Sounds like tough shit. Trying to enjoy the fruits of gender specific leave while securing a promotion open from other male officers is not fair to males ready for that position. Sorry officer, can't give that job, some lady on leave wants it when she gets back.

I don't see her having a case.

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Re: Is this gender discrimination?
Posted by: eesh ()
Date: June 13, 2013 01:42AM

Why is she getting pregnant? Did she conceive this child with another man other than the now deceased husband?

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Re: Is this gender discrimination?
Posted by: localboob ()
Date: June 13, 2013 01:49AM

she's not pregnant, eesh.

gave birth two weeks ago.

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Re: Is this gender discrimination?
Posted by: BEH ()
Date: June 13, 2013 07:57AM

Oh, the world has to stop because she having a baby.

You want equal rights?

Learn to take injustice and tough luck like the rest of us.

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Re: Is this gender discrimination?
Posted by: Roger ()
Date: June 13, 2013 08:30AM

@Eesh: My brother-in-law came home on leave last summer. He was my sister's husband. They were married for 3 years. While home on leave, they conceived a child who was born 2 weeks ago. He returned to Iraq and was killed. She got pregnant to start their family. I'm not sure if this answers your question...

@All: I respect your opinions, however is there an actual legal opinion here?

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Re: Is this gender discrimination?
Posted by: Duh. ()
Date: June 13, 2013 08:39AM

Roger Wrote:
-------------------------------------------------------
>Does she have a case?

Tell her to ask an employment attorney.

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Re: Is this gender discrimination?
Posted by: Try the union ()
Date: June 13, 2013 08:59AM

If she is a police officer in California then she is part of a union and they can provide her with legal information. I suggest she use that resource. Posting this on a BBS in Virginia and expecting a legal opinion for a case in California is not the smartest way to get your answers.

My condolences to you and her and her ex-husbands family for the loss of her husband. I appreciate his service and sacrifice for our country.

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Re: Is this gender discrimination?
Posted by: Wally ()
Date: June 13, 2013 09:47AM

He got killed in Iraq in 2012? We still had troops in Iraq in 2012?

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Re: Is this gender discrimination?
Posted by: Vexxxed ()
Date: June 13, 2013 01:22PM

Wally Wrote:
-------------------------------------------------------
> He got killed in Iraq in 2012? We still had
> troops in Iraq in 2012?


Obama gave them all a ride home after he killed bin Laden.

OP must be from some other country.

Or planet if he's really looking for good advice on this forum.

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Re: Is this gender discrimination?
Posted by: Young Curmudgeon ()
Date: June 14, 2013 12:35AM

Roger Wrote:
-------------------------------------------------------
> My sister is a police officer in California. She
> passed her sergeant's exam last October and her
> captain just informed her this week that they have
> a slot and they've formally offered her the
> position.
>
> The problem is she gave birth 2 weeks ago and was
> on maternity leave until the end of July. My
> brother-in-law (her husband and the baby's father)
> was killed in Iraq in December so, she's on her
> own. She has friends and family helping her out
> but, no permanent childcare yet.
>
> The captain went on to say that if she doesn't
> take the promotion now and come off maternity
> leave then she loses the promotion opportunity.
> Her name would go to the bottom of the sergeant's
> promotions roster and have to rise up the ladder.
> Might be a year or more...A nice thing is if she
> takes the current offer, it's at a precinct much
> closer to her home but, there's no guarantee if
> she waits that she'd get the same assignment. She
> might get another one that's further away from
> where she lives now. Sure, she could move.
>
> She thinks she has a gender discrimination case
> because if she was a male officer she'd never be
> in this position. All she wants is to assume the
> offer at the end of July at the end of her
> maternity leave. Does she have a case?

No. If you decide to pass up an opportunity to take a position in order to take leave only available to women, tough shit. It's not discriminatory.

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