Fired While Pregnant?

Being fired while pregnant may be a form of pregnancy discrimination, especially if the termination appears to be based on your pregnancy, childbirth, or related medical conditions of pregnant women. The California Family Rights Act protects pregnant employees and pregnancy-related disability. Here are some steps you can take if you feel you’ve experienced pregnancy discrimination and the California Family Rights Act was violated:

1. Review the Circumstances: Consider the circumstances surrounding your termination or employment discrimination. Did your employer give a reason for the termination? Were there any indications that your pregnancy played a role in the decision? A specific answer can help prove pregnancy discrimination.
2. Document Everything: Keep detailed records of any relevant events, conversations, or incidents of any perceived sex discrimination leading up to your termination. This includes emails, texts, performance evaluations, and any other documentation with a discriminatory intent that may support your case.
3. Consult with a Pregnancy Discrimination Attorney: The attorneys at Lawyers for Justice, PC understand pregnancy disability leave law. And because the female attorneys at La Dama Justicia are so knowledgeable about discrimination laws, they can help you build a strong pregnancy discrimination case. Call an experienced employment attorney who can review the details of your specific situation and advise you on your legal options under California law. They can help you determine whether you have a viable claim for pregnancy discrimination and guide you through the process of filing a complaint or lawsuit if necessary.
4. File a Complaint: La Dama Justicia enforces pregnancy discrimination laws. If you believe you were terminated because of your pregnancy, you may file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the appropriate state agency, such as the California Department of Fair Employment and Housing (DFEH). An attorney can assist with this process.
5. Pregnant Employees Need to Know Their Rights: Familiarize yourself with federal and state laws that protect pregnant women and pregnant employees against pregnancy discrimination, such as the Pregnancy Discrimination Act (PDA) and the California Fair Employment and Housing Act (FEHA). These anti-discrimination laws prohibit employers from discriminating against employees based on pregnancy, maternity leave, childbirth, or another medical condition related to pregnancy.
6. Pregnancy-Related Legal Representation: Depending on the circumstances, you may be entitled to remedies such as reinstatement, back pay, compensatory damages, and punitive damages if an employment lawyer wins your pregnancy discrimination claim. At LFJ, California pregnant employees do not pay any up-front fees; they only pay if their lawyer wins their case.
7. Take Care of Yourself: Being fired while pregnant can be emotionally and financially challenging, and may cause emotional distress. Remember to prioritize your well-being and seek support from family, friends, or counseling services if needed.
8. Stay Informed: Stay informed about your legal rights and any deadlines for filing discrimination claims. Your attorney can help you understand the applicable laws and deadlines if you were wrongfully terminated.
9. Explore Settlement Options: In some cases, employers may be willing to negotiate a settlement to resolve a pregnancy discrimination claim without going to court. Your pregnancy discrimination attorney can help you explore settlement options and negotiate on your behalf.

FIRED WHILE PREGNANT : FAQ

What happens if i get fired before maternity leave? 

If you were fired because you took, or intended to take, family-related leave, or for a reason connected to your leave, you may have a claim for automatic unfair dismissal and discrimination. However, if you were an at-will employee who was fired for a reason unrelated to pregnancy, discriminatory motives may be hard to prove.

Can you be laid off while on maternity leave? 

If a pregnant employee is let go for reasons that are not specifically related to her pregnancy status, she may not have a legitimate legal claim for wrongful termination. Even if a worker is on job-protected leave, it would not be illegal to lay her off. 

Can i get fired for missing work due to pregnancy? 

Typically getting fired while pregnant for missing work because of a pregnancy is not allowed. However it is best to speak to one of the employment lawyers at LFJ for more information on your specific case.

Can you get fired for being pregnant? 

You cannot fire pregnant workers just because they are pregnant in California. The federal Pregnancy Discrimination Act (PDA) and the California Fair Employment and Housing Act (FEHA) are two examples of laws that have legal protection to pregnant employees.

Can you sue for being fired while pregnant? 

If you believe you were fired as a direct-result of being pregnant, you may have experienced an unfair termination, in which case, you may be able to file a lawsuit. However, if you were fired for another reason while pregnant, you may not have a valid lawsuit.

How much can i sue for pregnancy discrimination? 

Each situation is different and award amounts differ based on each case.

How long after maternity leave can you be fired? 

When you take medical leave, your employer usually must keep your job, or an equivalent job, open for you. Typically, they cannot fire you from work when you return unless they would have fired you if you had not taken maternity leave.

Can you fire a pregnant woman for attendance? 

While pregnancy is not technically a disability, it does fall under that category under employment discrimination. It is illegal to terminate an employee because they are pregnant or because of conditions related to their pregnancy.