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Wrongful Termination Due to Pregnancy


You Cannot Get Fired from Work Just Because You Are Pregnant.

Federal and state laws protect you from pregnancy discrimination at work. Pregnancy discrimination includes wrongful termination (getting fired from work). When your boss fires you once he learns of your pregnancy, he is violating the law.

If your boss breaks the law with an illegal termination, you have the right to fight back. You have the right to seek justice. For over 25 years, the pregnancy discrimination attorneys at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, and New Jersey have helped victims of wrongful termination due to pregnancy fight to get the compensation they deserve.

What Is Wrongful Termination Due to Pregnancy?

When you are pregnant, you have the right to work until you want to stop. You may need reasonable accommodations for your pregnancy. When you request these accommodations, your employer has an obligation to provide them. He cannot fire you because you are pregnant or request accommodations. If he illegally fires you after learning of your pregnancy, he is committing an act of wrongful termination. Federal and state laws make it clear that your employer cannot make any negative employment decisions based on pregnancy or childbirth.

How Does Wrongful Termination Due to Pregnancy Occur?

It is not always easy to spot an illegal termination based on your pregnancy. Some examples of getting fired from work due to pregnancy may include the following:

  1. Your boss regularly tells you that you are an amazing employee. He has provided you with three raises in one year. He told you that you will receive the chance to move up in the company as soon as a higher position opens.

A week ago, you told your boss of your pregnancy. You told him you were about five months along and planned to work until the last week before your due date.

This week, your boss tells you that he no longer has work to keep you busy. He fires you. In the meantime, he doubles the workload of the other employees that were on your team.

2. Your supervisor makes comments that he does not think pregnant women should work in an auto dealership. He says they cannot relate to people looking for a fast and fun car. You are scared to tell him you are pregnant.

However, after about four months, you start to show. Your supervisor asks if you are pregnant. You answer honestly. He congratulates you.

The following week he takes you off the schedule. When you confront him, he tells you he does not think you should be on your feet all day. He does not have another job that is suited for a pregnant woman. He fires you.

Is Wrongful Termination an Act of Retaliation?

Wrongful termination can be an act of pregnancy discrimination when it occurs just because you are pregnant. However, if your employer fires you from work because you reported other forms of discrimination or wrongdoing to HR or an attorney, it can be an act of retaliation. The law prohibits both discrimination and retaliation in the workplace.

How Do You Prove Wrongful Termination Due to Pregnancy?

Most times, an employer is not going to say you were fired because you were pregnant. The employer will say you had poor performance reviews. Maybe he will say you were late or out sick too often. Your job is to prove these reasons are lies and that you were fired illegally due to your pregnancy.


There are several ways to prove you were fired because of pregnancy. The key is to present proper evidence. There are three forms of evidence of pregnancy discrimination:

Direct Evidence. Direct evidence is the “smoking gun” type of evidence. This evidence is the intercepted email that says you were fired because you were pregnant. Direct evidence is verbal, physical, or written proof that you were fired because you are pregnant.

Disparate Evidence. Disparate evidence (also known as circumstantial evidence) is more common than direct evidence. This type of evidence occurs when a cause-and-effect relationship exists.

For instance, you tell your employer you are pregnant. Within days, you are written up for something you and others have done in the past with no repercussions. The next day you are fired from work. You can prove the write-up and termination were based on telling your boss of your pregnancy.

Policy Evidence. Policy evidence occurs when a policy is discriminatory. Suppose a company policy says that any pregnant employee cannot work with customers or in the back warehouse during or after pregnancy. In that case, the policy may be the reason for the discrimination.

What Laws Protect Pregnant Employees from Wrongful Termination?

Federal and state laws protect pregnant employees from pregnancy discrimination. The Pregnancy Discrimination Act (PDA) prohibits employers with 15 or more employees from making negative employment decisions based on your pregnancy.

Many state laws prohibit pregnancy discrimination, as well. Discuss your rights against wrongful termination due to pregnancy with a qualified employment discrimination lawyer in your state.

When Should You File Your Wrongful Termination Case?

All federal claims of discrimination must go through the EEOC. The statute of limitations for filing a discrimination claim and wrongful termination claim with the EEOC is 180 days. Some states with similar pregnancy discrimination laws allow 300 days to file your charge with the EEOC.

What Compensation Is Available to Victims of Wrongful Termination Based on Pregnancy?

When you are illegally fired from work, you deserve relief to help you move on with your life and pay your bills. You can receive compensation for your troubles. You may request financial relief, such as repayment of lost wages and benefit premiums, as well as money for pain and suffering and emotional distress. You can even request your employer give you your job back and change their company policies to avoid discrimination in the future.

Should You Hire a Pregnancy Discrimination Lawyer to Help You File Your Wrongful Termination Claim?

When your boss fires you because you are pregnant, you have the right to fight back. You need an experienced pregnancy discrimination lawyer on your side to advocate for your rights. Your employment lawyer can help you file your claim and negotiate a settlement quickly.

Your employer likely has a team of lawyers to help him fight discrimination claims. You should not enter the process blindly. You should have someone on your side to help you get the justice you deserve.

Our Experienced Pregnancy Discrimination and Wrongful Termination Attorneys Are Ready to Help

You have the right to work while you are pregnant. Your employer does not have the right to violate the law and fire you because you are pregnant. If you are the victim of wrongful termination due to pregnancy, the Derek Smith Law Group’s experienced pregnancy discrimination attorneys can help.

Were You Fired from Work Because You Are Pregnant? Do You Want to Know Your Rights Against Wrongful Termination? Please Call Us at 800.807.2209 to Learn More About Your Rights.

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