Published May 9, 2012
syndeytish
6 Posts
I accepted a job to be the LPN office nurse for a rehab floor months ago. Now I want to take the floor and they do not want to give me the job. They informed me at the interview they don't know if I can do the job and be available because I have a son. Is it legal for them to say that and also ask me if someone is taking care of him?
starfishlpn
33 Posts
It is illegal for them to ask about your marital status or your family, whether you have children is NOT there business. If they have offered you the job and you are available to work the schedule they offered there should not be a problem. They cannot discriminate against you based on the fact that you have a child. Is this a nurse/nursing manager or an HR rep?
Unfortunately nurses in managerial positions are not always up on those types of legal issues. My director once tried to change the unit an aide worked on to a harder one after she returned from maternity leave, but suddenly changed her tune after that girl went to talk with the HR director. The best thing is not to discuss your personal life/family while interviewing, they should not bring it up.
The DON and adon were the ones that interviewed me. I wasn't going to ask them about my status but I will today because I gave the other job up and today is the last day. I don't know if I should threaten them or not but I really need this job. If they don't give me the job is this basis enough to sue?
caliotter3
38,333 Posts
If you think you want to stand your guns on this matter, I highly suggest you consult with an employment attorney. Best wishes.
traumaRUs, MSN, APRN
88 Articles; 21,268 Posts
We can not provide legal advice. Certainly if you decide to sue, you need to contact a lawyer.