Can You Be Fired for Being Pregnant? Your Employment Rights Explained

Employment lawyers often receive questions from workers concerned about their rights. One common question among female workers is, “Can you get fired for being pregnant?” Understanding your employment rights is crucial, especially if losing your job coincides with your pregnancy. 

Discover which protections are in place for employees and when someone may have grounds to file a wrongful termination lawsuit. 

Labor Laws Protect Workers From Harassment and Discrimination

On both the state and federal levels, labor laws extend to workers of protected classes. Employers cannot discriminate against workers based on several characteristics, including their:

• Age
• Race
• Sex or gender identity
• Sexual orientation
• Religion
• Disability

Medical conditions, which includes pregnancy, can also grant workers protected status. This means that employers cannot mistreat staff due to their pregnancy. Women who experience pregnancy discrimination in the workplace may be able to recover damages if they successfully sue their employer. 

Understanding At-Will Employment vs. Wrongful Termination

California, along with many other states, follows at-will employment laws. Under this rule, businesses can terminate someone at any time and for any reason. So, can you get fired for being pregnant?

Employment laws outline the illegal reasons for termination, including claims of harassment, discrimination, and retaliation. An expectant mother may wish to explore a wrongful termination claim if she believes she was singled out due to her pregnancy. However, losing one’s job during pregnancy doesn’t automatically warrant a wrongful termination case. 

Let’s examine two examples that illustrate the distinction between a valid firing and wrongful termination. Say Employee A tells her boss about her pregnancy, and they frequently make comments about how it will be a burden to other staff. She continues to meet expectations at work, but then is fired, seemingly out of the blue. 

Meanwhile, Employee B has a manager who’s supportive of her pregnancy. Her job duties include pitching clients and making sales. Over time, her sales numbers drop significantly, and clients report dissatisfaction with her performance, ultimately leading to her termination. 

Employee A’s firing could stem from pregnancy discrimination, while the condition is not seen as a motivating factor in Employee B’s termination. To distinguish a valid termination from an unlawful one, consult an experienced employment lawyer. 

Employers Must Reasonably Accommodate Pregnant Employees

Can you get fired for being pregnant? No, and your employer should be accommodating during this time. According to California’s Fair Employment and Housing Act, workplaces are required to provide reasonable accommodations for employees with pregnancy-related conditions. 

For instance, a pregnant woman may need to take time off for doctor’s appointments throughout the pregnancy. She may also ask an employer to scale back her duties if her pregnancy prevents her from performing certain tasks.

It’s the employee’s responsibility to comply with company policies and conduct themselves in a professional and positive manner. If an employer makes reasonable accommodations but the employee violates a strict company policy, it could be grounds for termination. In this case, the pregnancy wouldn’t be a motivating factor for firing the worker. 

How To Collect Evidence in a Pregnancy Discrimination Case

Proving that your termination stems from pregnancy discrimination will require strong evidence. To build a compelling case, legal professionals recommend the following tips. 

Refer to Recent Performance Reviews

You can’t get fired for being pregnant, so employers may cite poor performance as the sole reason for job termination. What if there is evidence to dispute their reasoning? 

Your employer may claim that you’re losing your job for a drop in performance. However, your last review shows glowing feedback about your work. Using this as evidence may support your pregnancy discrimination claim. 

Document Interactions With Supervisors and Colleagues

Workplace discrimination may become apparent through interactions with your colleagues. If you’re subject to any mistreatment at work, document it thoroughly. Compile emails or text messages mentioning your pregnancy in a negative light, and jot down any verbal comments made. 

Perhaps your boss says, “We have a big meeting next week. I hope morning sickness doesn’t keep you from it.” Their comments may not be seen as malicious, but combined with other evidence, they could support your discrimination claim. 

Take Note of the Timing

As previously mentioned, losing your job while pregnant doesn’t automatically mean it’s wrongful termination. However, the timing can raise some red flags.

Perhaps you’re let go a day after you inform your boss about your pregnancy. Perhaps the firing occurs immediately after you have to take a sick day to undergo an ultrasound. Timing is crucial in these cases, so document everything thoroughly. 

Connect With Witnesses

Some of your colleagues or clients may hear comments made about your pregnancy. If others witness your mistreatment, gather statements from them to back up your claim. Witnesses are often key in employment law cases, including pregnancy discrimination claims. 

How an Employment Attorney May Be Able To Help 

Can you get fired for being pregnant? Do you have maternity leave rights as an expectant mother? Many female workers don’t know their rights, which is why it’s crucial to speak with an employment attorney. 

Welcoming a child into the world should be a joyous occasion. If legal concerns cloud your pregnancy, you’ll want an experienced lawyer on your side. Legal counsel reviews your unique circumstances and assesses the evidence to see whether your employer’s actions are unlawful. 

Depending on the evidence, you may be able to sue your employer for harassment or discrimination. Employment attorneys advocate for their clients and may argue for various damages, such as:

• Back pay
• Being reinstated at their job
• Emotional distress damages 

Don’t hesitate to consult a professional if you need a legal strategy. 

Review Your Rights With an Employment Lawyer at D.Law

Can you get fired for being pregnant? What termination laws apply to certain employees? Can you recover damages from your former employer?

Our attorneys assist clients with questions like these and many others. At D.Law, we have years of experience handling wrongful termination cases and can explain the legal protections available to California laborers. To schedule a consultation with a knowledgeable attorney, contact us online or call (818) 275-5799.