While an employer can basically terminate you for virtually any reason. However, there are situations in which laws are violated and wrongful termination occurs. Pregnancy discrimination involves treating a woman – whether an employee or an applicant – unfavorably in the workplace because of pregnancy, childbirth, or because a medical issue that is related to her pregnancy or to childbirth.
The Pregnancy Discrimination Act (PDA) forbids discrimination that is based on pregnancy when it pertains to any aspect of an individual’s employment, whether it involves hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits like leave or health insurance, and any other condition or term of employment.
There are laws in place to protect women who are pregnant, have a medical issue associated with their pregnancy or childbirth, or with the childbirth. An employment law attorney will be able to help you get your claim on track. A lawyer will be able to gather supporting evidence and documentation for your claim and will help you be able to determine the damages that you suffered.
What Is Pregnancy Discrimination?
If a woman cannot perform her job duties because of a medical condition that is associated to pregnancy or childbirth, the employer or some other covered entity must treat her the same way that any other temporarily disabled employee would be treated by the employer. As an example, the employer may be required to provide light duty work, alternative work assignments, disability leave, or unpaid leave to pregnant employees if the company does for other temporarily disabled workers.
If the employer is willing to offer special benefits to other workers who have temporary disabilities, but they are not willing to cooperate with a pregnant employee, they are discriminating against you for pregnancy or childbirth. You will need to gather supporting documentation that supports your claim. As an example, be able to provide examples of when your employer accommodated workers with temporary or short-term disabilities that could not do their regular work duties.
Some employers may not treat employees who are pregnant or who have recently given birth fairly, so if that is the case, you do have resources available to protect your rights and to ensure you are treated fairly. Be sure to keep all your evidence and documentation in order to prove that you were mistreated and you were the victim of wrongful termination.
What To Do After Being Fired Because Of Pregnancy
If you have been fired because you are pregnant or because you have recently given birth, you will need to be able to prove that is why you were terminated. You will need to gather supporting evidence and documentation that shows your employer is in violation of the laws. As previously mentioned, keep track of your employer’s behavior. You must be able to show if your employer has done this kind of thing before.
You will need to gather proof that you were fired specifically for being pregnant. The burden of proof is on you. You must be able to show that you were the victim of pregnancy discrimination. You must show that your wrongful termination from your job was because of your pregnancy or childbirth.
How An Employment Law Attorney Can Help You With Your Claim
If you have been the victim of wrongful termination because of pregnancy or childbirth, you should enlist the help of an employment law attorney who handles such cases in your area. An attorney will be familiar with the federal and state laws that apply to your situation. With the help of an attorney, you can gather the supporting evidence your claim needs, so you can make sure you can prove your case and recoup your losses from your employer because of their wrongdoing.
When you consult with an attorney, you should discuss their payment plans. Some employment law attorneys will require a retainer to be paid upfront. Other lawyers will take such cases on a contingency basis, which means that your lawyer will not be paid until you win your claim and get a settlement to cover your damages. You have a limited time, which is called a statute of limitations, to pursue a claim against your employer for wrongful termination. If you wait too long, you will not recover compensation for your losses.
To get your claim on track, complete the Free Case Evaluation Form on this page. You can share the details with an employment law attorney who handles such claims in your area.
Additional Resources
- How to Know If You Were Illegally Fired
- Pregnancy Discrimination Letter
- Everything You Need to Know About the Pregnant Workers Fairness Act (PWFA)
- Wrongfully Terminated For Taking Protected Time Off
- Wrongfully Terminated Because I Hurt Myself At Work
- Wrongfully Terminated After Taking Disability Leave
- What is Maternal Discrimination?
