An employer may fire you while you are pregnant for legitimate, non-discriminatory reasons, but they are not allowed to fire you because you are pregnant. This distinction becomes vital in determining what constitutes a wrongful termination due to illegal discrimination. If you were fired while pregnant, a Los Angeles pregnancy discrimination law firm can help you investigate the reasons and protect your rights.
What Is Pregnancy Discrimination?
If your employer treats you differently or unfairly based on your current, past, or medical condition related to pregnancy, it could be considered pregnancy discrimination. This type of unfair treatment is considered a form of sex discrimination under California’s Fair Employment and Housing Act (FEHA). Examples of illegal pregnancy discrimination include:
- Wrongful Termination: Firing or forcing a qualified pregnant employee to quit after learning about their pregnancy or after they request accommodations or leave.
- Adverse Actions: Demotion, job reassignment, or loss of promotion due to pregnancy or requested maternity leave.
- Hiring Discrimination: Not hiring a qualified applicant because they are pregnant or may become pregnant.
- Harassment: Inappropriate comments or conduct by supervisors or coworkers regarding the pregnancy.
- Failure to Accommodate: Refusing to provide accommodations for pregnancy-related medical issues.
Federal law, specifically the Pregnancy Discrimination Act (PDA), mandates that employers cannot discriminate against an employee based on pregnancy, childbirth, or related conditions.
How Does At-Will Employment Relate to Being Fired While Pregnant?
California is an at-will employment state. This means that employers can fire an employee for any reason, or for no reason at all, as long as the reason is not discriminatory. State and federal laws protect certain specific characteristics such as race, gender, disability, or medical status, which includes pregnancy.
If your employer’s true motivation for firing you falls under one of these illegal categories, it can be considered wrongful termination.
Proving a Wrongful Termination Due to Pregnancy
While an employer cannot fire you because you are pregnant, they are still allowed to fire you for reasons unrelated to your pregnancy, such as poor performance, company restructuring, or violating workplace policies. If you are attempting to pursue a wrongful termination lawsuit, your challenge will be to prove that your pregnancy is the motivating reason for the termination. The following are some examples:
- Suspicious Timing: If you were fired immediately after announcing you were pregnant or requesting an accommodation.
- Reasons Do Not Make Sense: If your employer cites poor performance as a reason for firing you, but you can prove that you outperformed your colleagues.
- Disparate Treatment: Compared to other non-pregnant employees, you were treated worse.
- Harassing Comments: Jokes about your pregnancy being a burden or you not wanting to return to work could prove discriminatory intent.
Pregnant employees are also protected from being fired due to taking sick leave under the PDLL.
Strategic Evidence Gathering
Gather evidence as soon as possible and save it offline and on your own device if you still have access to your work accounts. Employment documents like emails, past performance reviews, and written statements showing bias or giving background can also be beneficial to your case.
Building a claim requires meticulous evidence gathering to establish a clear link between your pregnancy and termination. Working with an employment lawyer can help you thoroughly evaluate all gathered evidence to determine if you have what it takes for a claim.