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Finding out you are pregnant should be a time filled with excitement, planning, and hope. But when your employer fires you right before maternity leave, it can feel overwhelming – from worrying about your income and health insurance to questioning whether you are facing pregnancy discrimination and if what happened was even legal. The good news? You have rights. Federal and state laws protect pregnant employees from pregnancy discrimination, retaliation, and wrongful termination. In many cases, you may be entitled to job reinstatement, back pay, emotional damages, and even punitive compensation. This article explains your protections, recent legal updates, and the steps you can take right now to safeguard your job, your health, and your future.
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Federal laws protect the rights of pregnant workers and safeguard them from maternity discrimination in the workplace. These laws ensure that pregnant employees are treated fairly, receive reasonable accommodations, and are not punished or fired because of pregnancy, childbirth, or related medical conditions.
If you were fired before maternity leave or denied accommodations while pregnant, several federal laws protect your rights as a pregnant worker:
Requires employers with 15+ employees to provide reasonable accommodations for pregnancy related limitations even for uncomplicated pregnancies.
Examples include: flexible schedules, light duty, extra breaks, seating, and modified job duties.
Key Tip for Pregnant Employees: If your employer denies accommodations or retaliates, you may have a strong legal claim under the PWFA.
Prohibits employers from firing, demoting, denying promotions, cutting pay, or harassing you because of pregnancy, childbirth, or related conditions.
Key Tip for Pregnant Employees: If you were terminated, forced onto unpaid leave, or treated differently than non-pregnant coworkers, you may be entitled to compensation.
Grants eligible employees up to 12 weeks of job-protected leave for pregnancy, childbirth, or bonding with a newborn. Employers cannot retaliate against you for requesting or taking leave.
Key Tip for Pregnant Employees: If your employer denies leave or fires you for taking it, you may have claims under both the FMLA and the PDA.
Covers pregnancy related complications such as gestational diabetes, preeclampsia, or postpartum depression and requires reasonable accommodations.
Key Tip for Pregnant Employees: If your employer refuses to adjust your duties for a pregnancy-related medical condition, you may have an additional ADA claim.
You may have as little as 180 days to file a charge with the EEOC and up to 300 days in some states. Do not wait to protect your rights.
Do not wait to protect your rights – contact an experienced pregnancy discrimination attorney today at (800) 807-2209 for a free, confidential case review
Courts often view firing pregnant employees right before maternity leave as suspicious and may see it as retaliation or pregnancy discrimination, especially when:
If these situations sound familiar, your termination might have been unlawful under federal and state laws. You could be entitled to compensation for lost wages, emotional harm, and other damages. If you were fired before or during maternity leave, speak with a pregnancy discrimination lawyer to understand your rights and possible compensation. Call for a free confidential consultation at (800) 807-2209.
To strengthen your case, gather as much evidence as possible. The more proof you have, the easier it is to show patterns of unfair treatment or retaliation. Detailed records can make a big difference when filing a claim or negotiating a settlement. Collect evidence such as:
Tip: The closer the timing between telling your employer you are pregnant and being fired or demoted, the stronger your retaliation claim may be.
📞 If you believe you were wrongfully fired, call Derek Smith Law Group at (800) 807-2209 for a free consultation.
Being fired while pregnant or right before maternity leave is a stressful and life-changing experience. These real cases show that employers can be held legally accountable when they make such decisions for discriminatory reasons. Courts and regulators take these matters seriously under the Pregnant Workers Fairness Act (PWFA) and Title VII of the Civil Rights Act.
Below are landmark cases where pregnant workers were fired before or during maternity leave:
Imagine requesting maternity leave while six months pregnant—and getting fired less than a week later. That is what happened to Anisha Mehta, an associate at a major law firm. A federal magistrate in Manhattan ordered the firm to hand over internal records as part of her pregnancy bias claim. This case highlights how timing plays a big role when proving discrimination. [Reference: Reuters]
Eight months into her pregnancy, a custodian at Barnard College was suddenly laid off and replaced by a less senior male worker. The union alleges that the school wanted to avoid paying maternity benefits. For employees facing similar situations, this case sends a clear message: employers cannot sidestep the law to save money. [Reference: NY Post]
Officer Hicks worked through her pregnancy while requesting reasonable accommodations. Instead of supporting her, the city denied her requests, reassigned her, and eventually forced her out right after maternity leave. A jury awarded her over $161,000 in damages. This case reminds employees that denying pregnancy accommodations and forcing resignations can be costly for employers. [Reference: ACLU Alabama]
These cases prove that the law is on your side and courts take these matters seriously. If you believe you were fired while pregnant, denied maternity accommodations, or terminated before maternity leave, the Derek Smith Law Group can help. Our experienced pregnancy discrimination attorneys fight to protect your rights and secure the compensation you deserve. Call us at (800) 807-2209 or request a free, confidential consultation today.
If you win a pregnancy discrimination case, you may be entitled to several forms of compensation and relief:
Example: Under the Pregnant Workers Fairness Act (PWFA) and the Pregnancy Discrimination Act (PDA), employees who are fired, demoted, denied accommodations, or retaliated against may qualify for substantial compensation for their financial and emotional losses.
If your employer offers severance pay, do not sign or accept severance pay before speaking with an employment lawyer, especially if you believe you were fired due to pregnancy, discrimination, or retaliation. Severance agreements often include waivers that can limit or completely take away your right to sue your employer later.
Before signing, an experienced employment attorney can:
Tip: Once you sign, it’s often too late to take legal action. Always get legal advice first to make the best decision for your future.
For over 30 years, Derek Smith Law Group has fought for employees facing pregnancy discrimination, retaliation, and wrongful termination. We have won multi-million-dollar settlements and verdicts and provide compassionate, personalized support to help you through this difficult time.
Derek Smith Law Group represents employees nationwide, including New York, California, Florida, New Jersey, Pennsylvania, and Washington, D.C. Learn more about your state-specific pregnancy discrimination rights.
If you were fired before maternity leave or denied pregnancy accommodations, you do not have to face this alone. Call us today at (800) 807-2209 for a free confidential consultation or request a free confidential case review.
Strict Deadlines Apply: In most cases, you have only 180 days to file a claim. Do not wait — protect your rights today.
No. Employers cannot fire you because you are pregnant, experiencing related health issues, or planning to take maternity leave. Termination close to leave is often a red flag for retaliation.
No. Under federal and state laws, it’s illegal for an employer to fire, demote, harass, or retaliate against you because you are pregnant or need pregnancy-related accommodations.
However, your employer can terminate you for valid, unrelated reasons (e.g., company layoffs or documented performance issues) but they cannot use pregnancy as the real reason.
Tip: If you were terminated soon after announcing your pregnancy or after requesting accommodations, it could signal discrimination. Speak with an employment lawyer immediately.
You usually have 180 days to file a discrimination charge with the Equal Employment Opportunity Commission (EEOC) under federal law.
In many deferral states including California, New York, and New Jersey – you may have up to 300 days to file.
Important: Some states also allow you to file directly with their own human rights agencies, which can offer longer deadlines and broader protections.
Because timelines are strict, missing your filing window could bar your claim entirely. It’s best to speak with an employment attorney as soon as possible.
Do not sign any severance or settlement agreement without first consulting an employment lawyer.
Employers often include waivers in severance packages that may limit or eliminate your right to file a pregnancy discrimination lawsuit later.
An attorney can: review the terms of the agreement, ensure you don’t give up valuable rights and negotiate for a better settlement if discrimination is suspected
Yes, it can be. If you are fired because you are pregnant or planning to take maternity leave, it may be considered retaliation or pregnancy discrimination under federal and state laws. Employers are not allowed to punish you for requesting leave, asking for accommodations, or exercising your legal rights. If this happens, you may be able to file a complaint or take legal action to protect your rights.
You can file a pregnancy discrimination complaint with the Equal Employment Opportunity Commission (EEOC) online at eeoc.gov, by phone, or in person at a local EEOC office. Generally, you must file within 180 days of the discrimination, though in many states you may have up to 300 days. An experienced pregnancy discrimination lawyer can help you prepare your complaint, meet deadlines, and strengthen your case.
