An employer may not fire an employee because she is pregnant. Pregnancy discrimination is prohibited by the federal Pregnancy Discrimination Act (PDA), which amended Title VII to make clear that pregnancy discrimination is a form of illegal sex discrimination.
What Is Pregnancy Discrimination?
Under the Pregnancy Discrimination Act, an employer cannot:
- refuse to hire an applicant because she is pregnant
- fire, lay off, demote, or discipline an employee because she is pregnant
- refuse to promote or offer other job opportunities to an employee because of her pregnancy
- treat employees who are temporarily unable to work because of pregnancy any differently than the employer treats other employees with temporary disabilities, or
- require a pregnant employee to take leave when she is able to work and wants to do so.
Were You Fired Because of Your Pregnancy?
An employer may not fire you based on your pregnancy. However, you are not protected from being fired for other reasons simply because you are pregnant. To prove pregnancy discrimination, you'll have to show that you were fired because you were pregnant, not because you committed misconduct, your performance was not up to par, or your employer had to lay off a number of employees for economic reasons.
If company decision makers commented negatively about your pregnancy or about other pregnant employees, that will help you prove discrimination. For example, if your manager said, "you're probably going to want to stay home with the baby anyway, so we've decided to terminate your employment," or, "we've found that new moms are too distracted to handle the responsibilities of this position," that would be strong proof of discrimination.
The timing of the decision may also provide some evidence. For example, if you always had stellar performance reviews, then got an unexpected negative review just after revealing your pregnancy, that could help you in court. Similarly, if you were fired out of the blue just before going out on leave, that could bolster your claims.
The reasons given for your termination may give you some additional fodder. For example, if your manager said you had been fired for being late several times, but many other employees had been late just as often without any consequences, the manager's statement starts to look suspect -- especially if you were the only pregnant employee.
Get Help From an Attorney
If you believe you were fired because of your pregnancy, consider a consultation with an employment lawyer. An experienced lawyer will assess your situation and let you know how strong your claims are. A lawyer can help you negotiate with your employer, file a charge of discrimination with the EEOC, or file a lawsuit. Because there are strict time limits for filing a charge and a lawsuit, you should talk to a lawyer right away if you're considering legal action.
