I was fired (because I wouldn't take a pay cut) when I was 5 months preg. HR worked with a law firm to figure out the least risky way to do it.
At the end of the day it is one thing to have law on your side and another to have the means to enforce those laws. Federal Circuit Court (where employment matters are heard) is a no cost jurisdiction, which means each party is responsible for their own legal costs regardless of who wins. For me to bring a case against my ex employer was going to cost in excess of $100k in legal fees alone, let alone emotional duress etc. Even if I won, it was possible that I wouldn't even be awarded that much in damages so would still be out of pocket. I ended up settling out of court for a fairly meager amount.
In this case I think she is playing them and doing a great job of it! (Not disputing that they discriminated against in the first place etc). This "pelvic exam" angle - ANZ denies a pelvic exam was requested - was sure to be picked up by the media, doing massive damage to ANZs reputation. ANZ will just want it to go away and will prob pay her more now. Good on her - I wish I was that savvy to beat them at their own nasty game.
There is a lot of important information missing in this article. I think there is much more to this...
My work has tried to pull some sh|t that I thought no company would try. They're a big multinational.
In the past few years:
- announced my pregnancy when I hadn't told them I was pregnant
- my boss shut me in a room and refused to let me leave by blocking the door despite me becoming hysterical and demanding he let me leave or let someone else in.
- tried to remove a key part of my job (and the money that goes with it) while on maternity leave)
- HR opted to ignore my emails reporting bullying
- pursued me for a sick day when they knew I was doing IVF and I had a medical certificate for it.
I finally kicked up enough of a stink the head of HR for the country got involved and conceded wrongs had been done.
But as dodgy as they, and as much as they hate me, they were incredibly accommodating during pregnancy. I had bleeding with DD1 and they changed my roll and let me take a fair bit of time off. Though my boss did tell me off for sitting down when I was heavily pregnant!! Wtf??
My point being as PPs have said they can be as dodgy as they like because in most cases it's too hard/expensive to fight them. Especially if you're in a high risk pregnancy.
Whether there's more to it or not I still hope she wins. No one likes big banks!
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