Can A Company Fire You For Being Pregnant?

January 19, 2023 by Marjorie R. Rogers, MA (English), Certified Consultant

In the United States, there are federal and state laws that prohibit discrimination in the workplace based on pregnancy. These laws make it illegal for an employer to fire a pregnant employee because of her pregnancy. However, if the employee is fired for another reason unrelated to her pregnancy, such as poor job performance, then the firing would be legal.

As an expectant mother, the question of whether or not your employer can fire you for being pregnant is a valid one. The answer, unfortunately, is that yes, in some cases companies are legally allowed to terminate a pregnancy. However, there are also many laws in place that protect pregnant women from discrimination and unfair termination.

If you’re worried about your job security during pregnancy, your best bet is to speak with a human resources representative or an attorney familiar with employment law. They can advise you on your rights as a pregnant employee and help you understand what to do if you believe you’ve been wrongfully terminated.

Employers Exposure When Firing a Pregnant Employee

Can You Get Fired When You are Pregnant?

There are a number of ways that you can get fired when you are pregnant. The most common way is if your employer finds out that you are pregnant and they do not want to deal with the hassle of accommodating your pregnancy. They may also be worried about how your pregnancy will affect your work performance.

Additionally, if you have any preexisting health conditions that could potentially complicate your pregnancy, your employer may decide to let you go in order to avoid any liability issues. Another way that you can get fired when you are pregnant is if you disclose your pregnancy to your employer and they view it as a potential liability. For example, if you work in a physically demanding job, your employer may be concerned about how your pregnancy will affect your ability to perform your duties.

Additionally, if you have any preexisting health conditions that could potentially complicate your pregnancy, disclosing this information to your employer may give them cause for concern. As such, they may decide to let you go in order to avoid any potential problems down the road. Of course, getting fired while pregnant is not always illegal.

If there is a legitimate reason for why your employer has chosen to let you go (e.g., poor work performance), then they are within their rights to do so. However, if it seems like discrimination might be at play – for instance, if all of the other employees who recently announced their pregnancies were also let go – then it might be worth looking into further legal options.

What Qualifies As Pregnancy Discrimination?

There is a lot of misinformation out there about what does and does not qualify as pregnancy discrimination. Pregnancy discrimination occurs when an employer treats a pregnant employee differently than other employees who are not pregnant but who are similar in their ability or inability to work. For example, it would be pregnancy discrimination if an employer refused to hire a qualified pregnant woman because she was pregnant.

Pregnancy discrimination can also occur when an employer imposes different terms or conditions on a pregnant employee than on other employees, such as requiring a pregnant employee to take leave when another employee with a similar condition would not be required to do so. Additionally, pregnancy discrimination can occur when an employer takes adverse action against an employee because she has complained about pregnancy discrimination or participated in an investigation of such claims. If you believe that you have been the victim of pregnancy discrimination, you should contact an experienced employment law attorney to discuss your case and determine what legal options may be available to you.

What Rights Does a Pregnant Woman Have at Work?

In the United States, pregnant women have many rights at work. The Pregnancy Discrimination Act (PDA) of 1978 prohibits discrimination against pregnant women in the workplace. This means that an employer cannot fire, refuse to hire, or take any other adverse action against a woman because she is pregnant.

An employer also cannot force a pregnant woman to take a leave of absence or take any other action that would negatively impact her employment because of her pregnancy. The Americans with Disabilities Act (ADA) also provides some protections for pregnant women. Under the ADA, a woman may be considered disabled if she has a medical condition that limits her ability to perform one or more major life activities.

If a pregnant woman is considered disabled under the ADA, her employer must make reasonable accommodations for her disability, such as providing extra breaks or allowing her to sit down more often. In addition to federal laws protecting pregnant women, many states have their own laws prohibiting pregnancy discrimination. These state laws may provide even greater protections than the federal laws.

For example, some state laws require employers to provide reasonable accommodations for pregnancy-related conditions even if the employee does not request them. If you believe you have been discriminated against at work because of your pregnancy, you should contact an experienced employment discrimination attorney who can help you understand your rights and protect your interests.

What Happens If I Lose My Job While Pregnant?

If you lose your job while pregnant, you may be eligible for unemployment benefits. However, the amount of money you receive will depend on your state’s unemployment laws. You may also be able to get health insurance through the COBRA program, which allows you to continue your former employer’s health plan for a limited time.

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Can a Job Fire You for Being Pregnant During Probation Period

If you’re pregnant and on probation at your job, can your employer fire you? The answer is maybe. There are no federal laws that protect pregnant women from being fired, but some states have laws that provide some protection.

For example, in California, an employer cannot fire a woman because she is pregnant or has a pregnancy-related condition. And in New York, an employer cannot terminate a woman’s employment due to her pregnancy unless she is unable to perform her job duties due to the pregnancy. So if you’re pregnant and on probation at work, check your state’s laws to see if you have any protections against being fired.

And if you think you’ve been wrongly terminated because of your pregnancy, contact an experienced employment lawyer to discuss your case.

Conclusion

In some cases, yes. If the company can prove that the firing is unrelated to the pregnancy, then they may be able to legally fire the employee. However, if the company cannot prove this, then the firing may be considered illegal discrimination and the employee may have a strong case for suing the company.