Fired for Being Pregnant? 5 Situations When You Should Call an Employment Lawyer

Have you lost your job due to pregnancy, or are you wondering, can you fire a pregnant woman for just being pregnant? Laws exist to protect employees from such unfair treatment and employment discrimination. Wenzel Fenton Cabassa has been working tirelessly for over 30 years to advocate for women in these situations. Understanding your rights is essential when seeking justice. While not all employees in Florida are covered by these protections, many are.

If you believe you were wrongfully terminated because of your pregnancy, you may have the right to pursue legal action. Contact the experienced pregnancy discrimination lawyers at Wenzel Fenton Cabassa to explore your options.

When You Should Hire a Pregnancy Discrimination Lawyer

1. You Are Fired For Being Pregnant

The Pregnancy Discrimination Act (PDA)  provides federal legal protections for pregnant workers. If your employer has 15 or more employees, you are safeguarded against discrimination and harassment based on pregnancy. These protections apply if you are pregnant, were previously pregnant, or may become pregnant. If you’ve been terminated due to pregnancy, it’s essential to consult with a discrimination lawyer at Wenzel Fenton Cabassa to determine if your case qualifies for a discrimination claim with the Equal Employment Opportunity Commission (EEOC).

Not all employers are overt in their discrimination. Many forms of workplace bias are far more subtle. Discrimination can manifest in various ways, often falling short of outright wrongful termination. If you’re unsure whether your rights were violated, speaking with an experienced employment attorney can help clarify your legal options.

2. Your Employer Does Not Grant You 12 Weeks of Unpaid Leave

Your legal protections extend beyond protection from unlawful termination. Under the Family and Medical Leave Act (FMLA), employers with 50 or more employees within a 75-mile radius must provide eligible employees up to 12 weeks of unpaid medical leave annually. This leave can be used for maternity or to address specific health conditions, offering job protection during important life events.

If you’ve worked for your employer for at least 12 months and logged at least 1,250 hours—but are denied leave or fired for requesting it—this may be FMLA retaliation. It’s important to contact an employment attorney who handles FMLA retaliation cases to protect your rights.

3. You Were Fired After Being Treated Unequally for Using Accrued Leave

If your employer allows some employees to use accrued leave without penalty, but punishes or terminates you for doing the same during or after pregnancy, that could be a form of discrimination. Under the Pregnancy Discrimination Act (PDA), all employees must be treated equally in terms of benefits like sick leave or PTO.

Being fired for taking the same leave others are allowed to use may signal a deeper bias against pregnant workers. An employment attorney can help you determine if your termination was discriminatory and fight to protect your rights.

4. Unequal Treatment in Firing Policies for Too Much Missed Work

Were you fired for missing work during your pregnancy? If so, your termination may have been unlawful. Employers must apply absence and termination policies consistently, and they can’t treat pregnancy-related absences more harshly than other medical or personal leave. Several federal laws, including the PDA, ADA, PWFA, and FMLA, may protect you. Additionally, if you experience pregnancy-related medical conditions that qualify as disabilities, you may be protected under disability discrimination laws. As outlined in the example above, termination policies based on missed workdays must be applied consistently to all employees, regardless of whether the absences are due to pregnancy or other reasons.

5. You Were Not Offered Accommodations and Were Fired Because You Were Unable to Perform Your Job

The Pregnancy Discrimination Act may entitle you to workplace accommodations that enable you to perform your job safely. These accommodations may include:

• Altered break and work schedules (such as breaks to use the restroom)
• Permission to sit or stand
• Elimination of marginal job functions (like heavy lifting)

Fired for Getting Pregnant While on Maternity Leave

A woman fired for getting pregnant while on maternity leave is not only unethical but may also violate federal and state employment laws. Pregnancy should never be a justification for terminating someone’s employment, especially during maternity leave, a period protected by law. Unfortunately, some employers retaliate against women who become pregnant again during or shortly after their leave, citing concerns about attendance, job performance, or future availability. Such actions may breach the Pregnancy Discrimination Act and other workplace protections like the Pregnant Workers Fairness Act (PWFA). If you were terminated after announcing another pregnancy or while still on maternity leave, you could have the right to file a pregnancy discrimination claim. This may allow you to seek compensation for lost wages and justice against your employer.

What Should I Do If My Employer Fires Me For Being Pregnant?

If this happens to you, it’s important to take swift action. First, contact an employment discrimination lawyer at Wenzel Fenton Cabassa, P. A. Then, you should have one of our attorneys file a claim with the Equal Employment Opportunity Commission (EEOC) within 180 days of your termination. The EEOC will investigate your case and determine if sufficient evidence supports a discrimination claim against your employer. If so, they may recommend EEOC mediation or legal action.

It’s important to know that you are not alone in this experience. Pregnancy discrimination affects many employees in Florida. Taking legal action can help protect your rights and contribute to a fairer workplace for others. So, if you believe you have been discriminated against due to pregnancy, don’t hesitate to seek legal counsel and fight for justice.

Take Action. Fight for Your Rights.

Employment discrimination and wrongful termination related to pregnancy, including being fired for becoming pregnant while on maternity leave, are unjust and unacceptable. If you’re facing this, know that you’re not alone. Dedicated and compassionate employment discrimination lawyers are ready to stand by your side and fight for your rights.

Reach out to Wenzel Fenton Cabassa, P.A. today. We offer a free and confidential case evaluation to review your situation and determine if you have a pregnancy discrimination case.

It’s essential to act quickly, as there are strict statutes of limitations for filing pregnancy discrimination claims. Don’t wait. Take a stand and fight for your rights.

At Wenzel Fenton Cabassa, P.A., we empower employees wronged by their employers to make informed decisions and pursue justice. Contact us today to get the support you need.