Can You Be Fired for Being Pregnant?

Can You Be Fired for Being Pregnant?

Finding out you are pregnant can be an exciting time, but pregnancy can also raise difficult questions at work. One of the biggest concerns some employees have is whether their employer can fire them because they are pregnant.

An employer generally cannot fire an employee because she is pregnant. Federal law prohibits pregnancy discrimination in employment, and those protections can apply to hiring, firing, pay, promotions, job assignments, benefits, and other terms and conditions of employment.

However, pregnancy does not make an employee completely immune from termination. An employer may still have a legitimate, nondiscriminatory reason for ending someone’s employment. The important question is whether pregnancy, a pregnancy-related condition, or the employee’s exercise of legally protected rights played a prohibited role in the decision.

Several federal laws may protect pregnant workers, including Title VII of the Civil Rights Act, the Pregnancy Discrimination Act, and the Pregnant Workers Fairness Act. In some situations, the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) may also apply.

Here’s what you need to know.

Can an Employer Fire You Because You Are Pregnant?

No. A covered employer generally cannot terminate an employee because she is pregnant.

The Pregnancy Discrimination Act amended Title VII to make clear that discrimination because of pregnancy, childbirth, or related medical conditions is a form of sex discrimination.

That means an employer generally cannot decide to fire an employee simply because:

• She is pregnant
• She plans to take maternity leave
• She will need pregnancy-related medical appointments
• She has a pregnancy-related medical condition
• The employer does not want to deal with her pregnancy
• The employer assumes pregnancy will interfere with her work
• The employer believes she will not return after childbirth

Pregnancy discrimination can occur even when an employer never directly says, “We are firing you because you are pregnant.”

For example, if an employee has consistently received positive performance reviews but is suddenly terminated shortly after telling her supervisor that she is pregnant, the circumstances may raise questions about whether pregnancy played a role in the decision.

That does not automatically establish unlawful discrimination. The facts surrounding the termination matter.

Can You Be Fired After Telling Your Boss You’re Pregnant?

An employer is not prohibited from terminating an employee simply because she happens to be pregnant when the termination occurs.

For example, an employer may have already decided to eliminate a position for legitimate business reasons before learning about an employee’s pregnancy.

But timing can become important when other facts suggest that pregnancy influenced the decision.

Consider an employee who receives strong performance reviews for years, tells her manager she is pregnant, and is terminated shortly afterward despite having no documented performance problems.

The timing alone does not prove discrimination. However, it could be relevant evidence when determining whether the stated reason for the termination was genuine or whether pregnancy was a factor.

Other potentially relevant evidence might include:

• Comments about the employee’s pregnancy
• Statements about maternity leave
• A sudden change in performance evaluations
• Different treatment compared with similarly situated employees
• A sudden disciplinary action that was not previously used
• Pressure to resign
• Comments suggesting that the employer wants someone who can work without taking leave
• Evidence that the employer’s explanation for the termination changed over time

Employees should be careful about assuming that any termination occurring during pregnancy is automatically illegal. Employers can lawfully terminate pregnant employees for legitimate reasons unrelated to pregnancy.

Can an Employer Fire You for Pregnancy-Related Absences?

It depends on the circumstances.

An employer generally does not get a free pass to discipline or fire an employee simply because an absence is connected to pregnancy.

Depending on the circumstances, pregnancy-related absences may be protected by one or more federal laws.

The Pregnant Workers Fairness Act, for example, requires covered employers to provide reasonable accommodations for a qualified employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would create an undue hardship.

A reasonable accommodation can sometimes include leave.

The Family and Medical Leave Act may also provide eligible employees with job-protected leave for certain pregnancy-related medical reasons and for the birth of a child.

Whether a particular absence is legally protected depends on factors such as the employee’s circumstances, the employer’s size, the employee’s eligibility, the reason for the absence, and which law applies.

An employer should not simply assume that every pregnancy-related absence is unprotected.

Can an Employer Fire You Because You Need a Pregnancy Accommodation?

Generally, no.

The Pregnant Workers Fairness Act provides specific protections for qualified employees who need reasonable accommodations because of pregnancy, childbirth, or related medical conditions.

For example, an employee might need:

• Additional restroom breaks
• More frequent breaks to eat or drink
• A water bottle at her workstation
• A stool or ability to sit
• Temporary lifting restrictions
• Changes to a work schedule
• Time off for pregnancy-related medical appointments
• Temporary reassignment
• Telework in appropriate circumstances
• Temporary changes to certain job duties
• Leave when it is a reasonable accommodation

An employer generally cannot punish or retaliate against a qualified employee for requesting or using a reasonable accommodation protected by the PWFA.

The law also generally prohibits an employer from requiring an employee to take leave when another reasonable accommodation would allow her to continue working.

This is an important distinction.

An employer cannot necessarily say, “You cannot perform your job exactly as you did before, so you have to go on leave,” if a reasonable accommodation would allow the employee to continue working.

At the same time, the PWFA does not require employers to provide every accommodation an employee requests. The accommodation must be reasonable, and an employer may have a defense if providing it would create an undue hardship.

What If the Employer Says You Were Fired for Performance Reasons?

An employer can terminate a pregnant employee for legitimate performance problems.

Pregnancy does not prevent an employer from enforcing legitimate workplace rules or holding employees to legitimate performance standards.

For example, an employer may generally take action against an employee who repeatedly violates workplace policies, fails to perform essential job duties, or engages in misconduct, even if the employee is pregnant.

The issue becomes more complicated when an employee believes the stated performance reason is actually a cover for pregnancy discrimination.

Suppose an employee has received satisfactory performance reviews for two years. Shortly after announcing her pregnancy, her employer suddenly begins documenting minor issues, places her on a performance improvement plan, and terminates her a few weeks later.

Those facts do not automatically prove discrimination. But they could be relevant when evaluating whether the employer’s explanation is legitimate or whether pregnancy influenced the decision.

Employees who believe they have been discriminated against should preserve relevant documentation, including performance reviews, disciplinary notices, emails, text messages, accommodation requests, and other communications.

Can an Employer Lay Off a Pregnant Employee?

Yes. Pregnancy does not automatically prevent an employee from being included in a legitimate layoff or reduction in force.

For example, if an employer eliminates an entire department because of a business restructuring, a pregnant employee can potentially be included in that reduction.

But the employer cannot use a supposed layoff as a pretext for pregnancy discrimination.

The circumstances matter.

Questions that may be relevant include:

• Were other employees also laid off?
• Was the employee’s position actually eliminated?
• Did the employer continue hiring for substantially the same position?
• Were similarly situated employees treated differently?
• Did management make comments about the employee’s pregnancy?
• Did the employer’s explanation for the layoff change?
• Was the employee selected for reasons unrelated to pregnancy?

A pregnant employee does not receive special immunity from an otherwise legitimate reduction in force. But pregnancy cannot lawfully be used as the reason for selecting someone for termination.

Can You Be Fired Because Your Employer Thinks You Will Take Too Much Maternity Leave?

An employer generally cannot discriminate against an employee because she is pregnant or because of pregnancy-related leave protected by applicable law.

An employer also cannot simply assume that a pregnant employee will be unable to perform her job or will be unreliable after having a child.

However, different leave laws have different eligibility requirements and protections. Not every employee is automatically entitled to a particular amount of job-protected maternity or parental leave under federal law.

For example, the FMLA provides eligible employees of covered employers with up to 12 workweeks of job-protected leave for qualifying reasons, including the birth of a child and certain pregnancy-related medical circumstances.

Eligibility and employer coverage requirements apply.

Other federal, state, or local laws may provide additional protections.

What If You Are Fired After Asking for a Pregnancy Accommodation?

This can raise a particularly important legal issue.

The PWFA prohibits covered employers from taking adverse action against a qualified employee because she requested or used a reasonable accommodation for a known pregnancy-related limitation.

For example, imagine an employee tells her employer that pregnancy-related morning sickness is making it difficult to arrive at her normal starting time and asks for a temporary later start.

If the employer responds by firing her because she requested the accommodation, that could potentially violate the PWFA.

The specific facts matter, including whether the employee is covered by the law, whether the requested adjustment qualifies as a reasonable accommodation, and whether the employer had a legitimate legal basis for its action.

Employees should document accommodation requests and the employer’s response.

What About Pregnancy-Related Medical Conditions?

Pregnancy discrimination protections are not limited to the pregnancy itself.

Federal law also protects workers from discrimination because of medical conditions related to pregnancy or childbirth.

In addition, some pregnancy-related conditions may qualify as disabilities under the ADA.

Pregnancy itself is not considered a disability under the ADA. However, an impairment related to pregnancy can qualify as a disability if it meets the ADA’s definition.

This means that more than one federal law may potentially apply to the same workplace situation.

For example, an employee with a pregnancy-related medical condition that substantially limits a major life activity could potentially have rights under the ADA as well as other pregnancy-related protections.

What If Your Employer Says You Were Fired for Another Reason?

Employers are allowed to make legitimate employment decisions for reasons unrelated to pregnancy.

The fact that an employee is pregnant does not automatically mean that a termination is discriminatory.

However, an employer’s stated reason is not necessarily the end of the analysis.

If an employee believes the stated reason is a pretext for discrimination, evidence surrounding the decision can matter.

Employees should consider preserving:

• Employment contracts or offer letters
• Employee handbooks
• Performance reviews
• Written warnings
• Emails and text messages
• Messages discussing pregnancy or maternity leave
• Accommodation requests
• Medical documentation that was provided to the employer
• Schedules and attendance records
• Termination paperwork
• Information about similarly situated employees

Employees should also avoid secretly recording conversations unless they understand the recording laws that apply where they are located and where the conversation occurred.

What Should You Do If You Think You Were Fired Because You Were Pregnant?

If you believe your employer terminated you because of your pregnancy, consider taking the following steps.

Preserve Your Records

Keep copies of relevant employment documents and communications that you are legally entitled to retain.

Do not take confidential company information that you are not entitled to possess.

Write Down What Happened

Create a timeline while the events are still fresh in your mind.

Include dates, conversations, changes in treatment, accommodation requests, disciplinary actions, and the termination itself.

Ask for the Reason in Writing

If you have not been given a clear explanation for the termination, you may want to request the reason in writing.

Do not assume that an employer will provide an admission of discrimination. The purpose is to preserve the employer’s stated explanation.

Consider Whether an Accommodation Issue Was Involved

If your termination occurred after you requested a pregnancy accommodation, that may raise separate issues under the PWFA.

Consider Your EEOC Rights

The Equal Employment Opportunity Commission enforces federal laws prohibiting pregnancy discrimination.

For most private-sector employees, the EEOC generally requires a discrimination charge to be filed within 180 days of the alleged violation, although the deadline can be extended to 300 days in some circumstances when a state or local agency enforces a similar law.

Different rules apply to federal employees.

Because filing deadlines can be short and can depend on the location and circumstances, someone who believes they have experienced pregnancy discrimination should consider contacting the EEOC or an employment attorney promptly rather than waiting until the deadline is close.

Does Every Employer Have to Follow Federal Pregnancy Discrimination Laws?

Federal coverage depends on the particular law.

Title VII generally applies to employers with 15 or more employees. The PWFA also generally applies to employers with 15 or more employees, along with certain federal and congressional employers.

State and local laws may cover smaller employers or provide protections beyond federal law.

For that reason, an employee should not assume that she has no legal protection simply because her employer has fewer than 15 employees.

The Bottom Line: Can You Be Fired for Being Pregnant?

An employer generally cannot fire you because you are pregnant.

Pregnancy discrimination is prohibited under federal law, and the protections extend beyond an employer explicitly saying that pregnancy is the reason for a termination.

At the same time, pregnancy does not make an employee immune from legitimate discipline, layoffs, or termination. An employer can generally take lawful employment action for legitimate reasons unrelated to pregnancy.

The situation becomes particularly important when termination occurs after an employee announces a pregnancy, requests a pregnancy-related accommodation, needs pregnancy-related leave, or experiences a sudden change in treatment.

If you believe you were fired because of your pregnancy, document what happened, preserve relevant employment records, and consider speaking with the EEOC or an employment attorney about your specific circumstances.

Related Topics: If you are dealing with another type of workplace discrimination, visit our Discrimination & Harassment section for more information about employee rights.

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• Workplace Discrimination: What Employees Need to Know
• What Is a Disability Under the ADA?
• Can Your Employer Deny You Medical Leave?
• What Is Retaliation in the Workplace?

Disclaimer

This article provides general information about U.S. employment law and is not legal advice. Employment laws vary by state and individual circumstances can significantly affect your rights. For advice about a specific situation, consult a qualified employment attorney or the appropriate government agency. Please read our Terms and Conditions.

Article: Can You Be Fired for Being Pregnant?