The short answer is no. You cannot be fired for being pregnant under most circumstances. The Family and Medical Leave Act (FMLA) and the federal Pregnancy Discrimination Act (PDA) both prohibit U.S. employers from terminating employees due to pregnancy and pregnancy-related conditions.
What happens if you get laid off while pregnant?
If you are late to work due to morning sickness or a prenatal doctor’s appointment, you cannot be fired. It is important to note that in California, at-will employees can be fired for any reason. As long as the cause is not a direct result of your pregnancy, your employer is clear to fire you.
Can I sue my employer for firing me while pregnant?
If you believe that your employer has fired you or discriminated against you because of your pregnancy or related conditions, you may be able to file a discrimination lawsuit. However, before you do so, you must file a complaint with the Equal Employment Opportunity Commission (EEOC) and secure a right to sue letter.
Is it illegal to layoff a pregnant woman?
But it is entirely legal to lay off a pregnant woman or a woman on maternity leave — as long as the employer can make the case that she is being let go for a reason unrelated to her pregnancy. … But few employers are foolish enough to cite pregnancy as the reason for firing or not hiring someone.
When you should stop working when pregnant?
Most women can physically handle their usual workload up until about 32 to 34 weeks of pregnancy. Around this same time, many women are also shifting their mental focus from their job towards being a new mother, and that can affect the decision on when to stop working.
What rights do I have as a pregnant employee?
Safe jobs. All pregnant employees, including casuals, are entitled to move to a safe job if it isn’t safe for them to do their usual job. This includes employees that aren’t eligible for unpaid parental leave.
What are the rights of a pregnant woman?
As long as a pregnant woman is able to perform the major functions of her job, not hiring or firing her because she is pregnant is against the law. … All are forms of pregnancy discrimination, and all are illegal. Women are protected under the Pregnancy Discrimination Act.