Can an Employer Fire Me for Being Pregnant?

Ruben Limonjyan | October 5, 2021 | Wrongful Termination

You have just received the news that you’re about to have a baby. Among the first thoughts that may pop up in your mind is whether you’re going to lose your job if you decide to take maternity leave under the Family Medical Leave Act. The answer is no. California employment laws don’t allow employers to fire pregnant employees discriminatorily.

However, if you violate the company policies, your employer can have a reason to fire you. It’s crucial to understand that your pregnancy shouldn’t be a motivating reason to get you fired.

At-will Employment Exceptions

California follows at-will employment laws. This implies that employers can terminate your services at will without being required to provide a reason for termination. Your employer can fire you due to the slightest misconduct, like reporting to work late. However, they cannot dismiss you for discriminatory reasons like gender, disability, race, or pregnancy.

What Do You Need to Prove Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats you differently because of your pregnancy or related conditions. It is important to note that California doesn’t give special rights to pregnant employees, but it protects you from being treated unfairly vis-à-vis other employees.

If you intend to file a pregnancy discrimination lawsuit after being terminated in violation of FMLA, you need to consult with a pregnancy discrimination lawyer. An attorney can help you prove that you were mistreated due to your pregnancy. There are numerous ways to prove pregnancy discrimination, including:

Suspicious timing

Things were going well at work until your boss discovered that you were pregnant. The boss previously gave positive feedback about your performance, but this stopped, and you were terminated once you disclosed your pregnancy.

The timing of the termination is suspicious, and it may be enough to show that you were treated unjustly based on your pregnancy. However, if your employer has another compelling reason, the suspicion isn’t sufficient to prove pregnancy discrimination.

Termination reasons that don’t add up

If your employer claims that they fired you for performing poorly while you did better than other non-pregnant employees, then you may have be able to prove pregnancy discrimination. If the reason for termination is false, you might be able to reveal that the motivating reason was your pregnancy.

Mean remarks about your pregnancy

Sometimes, an employer’s discrimination is explicitly stated. For instance, an employer might have said that pregnant women are a burden to the company and are less productive. These remarks reveal discriminatory motives and can be used as evidence in a pregnancy discrimination lawsuit.

Treatment of other pregnant employees in the past

If you find out that other pregnant employees lost their jobs under similar circumstances, it may be evidence that your employer tends to practice pregnancy discrimination.

Get A Pregnancy Discrimination Attorney In Today

By law, you should be able to take maternity leave and return to employment without consequence. A wrongful termination can upend your career, threaten your family’s financial future, and cause incredible stress during an important life transition. At Limonjyan Law Group, we have experienced pregnancy discrimination layers who are ready to fight for your rights to compensation in and out of court. Please contact us online now or call us directly at 213-277-7444 to speak to our professional legal team.