Q: What Recourse Do I Have if a BPO Company Withdraws My Job Offer After I Disclose My Pregnancy?
A: Pregnancy Discrimination and Job Offers: What Are Your Rights?
Can the Company Legally Withdraw the Job Offer Because of Pregnancy?
In the Philippines, the Magna Carta of Women (Republic Act No. 9710) and the Labor Code prohibit discrimination against women on account of their sex, which includes pregnancy status. If a company withdraws a job offer because you are pregnant, that would likely constitute an act of discrimination, which is illegal.
What Proof is Required?
In cases like this, the challenge usually lies in proving that the withdrawal of the job offer was due to the pregnancy. While companies may not openly admit to discrimination, an abrupt withdrawal after disclosure of pregnancy, especially if the position was reposted, may be grounds for suspicion.
What Can You Do?
Document Everything: Keep records of all correspondence and interactions with HR and anyone else involved in the hiring process. Emails, text messages, or any other written communication can serve as evidence.
Consult with Legal Experts: Given the complexities involved, you may wish to consult an attorney to discuss the specifics of your case and what types of evidence will be needed for a successful claim.
File a Complaint: You may lodge a complaint with the Department of Labor and Employment (DOLE), or you may go directly to court to file a discrimination case.
Negotiate: Sometimes, a resolution can be achieved through negotiation, especially if the company wishes to avoid legal action and negative publicity. Your attorney can advise you on this route if it appears viable.
Summary
If a BPO company in the Philippines withdraws your job offer after you disclose your pregnancy, this could potentially be an act of illegal discrimination under Philippine law. You have several options, including keeping a record of all interactions, consulting an attorney, filing a formal complaint, or negotiating with the company for an amicable resolution.
Disclaimer: The information contained in this article is for general informational purposes only and should not be construed as legal advice. Consult with a qualified legal professional for specific advice tailored to your situation.