Can You Get Fired for Being Pregnant?

Federal laws like the Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA) protect pregnant workers, stating that employers cannot terminate or demote employees due to pregnancy, childbirth, or related medical conditions. 

However, these protections have limits, and not every firing involving a pregnant employee is illegal. Understanding the difference between lawful and unlawful termination is key to protecting your rights. 

Pregnancy Discrimination Is Against the Law 

The Pregnancy Discrimination Act is part of Title VII of the Civil Rights Act of 1964. It stops employers from discriminating against workers because of pregnancy, childbirth, or related conditions. This means that if your employer fires you, cuts your hours, denies you promotions, or refuses to hire you because you’re pregnant, that’s considered pregnancy discrimination, which is illegal. 

Employers must treat pregnant workers the same as other employees who are temporarily unable to perform their jobs. This means if an employer provides reasonable accommodations to an employee with a temporary injury—like modified duties or extra breaks—they must offer comparable accommodations to a pregnant worker when needed. 

Some companies try to justify unfair firings. They point to “performance issues” or “attendance problems” that appear after a pregnancy is revealed. 

Understanding Your Right to Maternity and Medical Leave 

Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave for the birth of a child or a serious health condition related to pregnancy or childbirth. To qualify, you must: 

• Work for an employer that has at least 50 employees within a 75-mile radius of the employee’s worksite. 
• Have worked there for at least 12 months. 
• Have logged at least 1,250 hours in the previous year. 

During FMLA leave, your employer must maintain your health insurance under the same terms as if you were still working. When you return, they must reinstate you to the same or an equivalent position. 

Employers who fire workers who request to take FMLA leave are violating federal law. Unfortunately, some employers attempt to fire pregnant workers before they qualify for leave, or they use leave requests as an excuse to end employment—a practice that can lead to serious legal consequences. 

Terminating a Pregnant Employee: When It May Be Legal 

There are situations where terminating a pregnant employee can be legal if the reason for termination has nothing to do with the pregnancy. For example: 

• Company-wide layoffs or budget cuts that affect multiple employees. 
• Consistent poor performance documented before the pregnancy was announced. 
• Violations of workplace policies or misconduct unrelated to pregnancy or maternity leave. 

In these cases, employers should be able to clearly document and justify their decisions. If there’s no legitimate basis for the termination, or if the reason given doesn’t align with company records, that’s often a sign of discrimination or retaliation. 

Can You Be Fired Before Maternity Leave? 

Another common question is whether an employer can fire someone before maternity leave begins. Absent legitimate reasons like those listed above, an employer cannot terminate you simply because you are pregnant or planning to take leave. But if you were performing well and the only thing that changed was your request for leave, that could be evidence of unlawful discrimination. Timing plays a big role. Being fired shortly after announcing your pregnancy or requesting maternity leave often raises red flags. 

Examples of Pregnancy Harassment and Retaliation 

Discrimination doesn’t always come in the form of an outright firing. Sometimes, it begins with pregnancy harassment, which is unfair treatment or hostile behavior directed at an employee because she is pregnant. 

Common pregnancy harassment examples include: 

• Negative comments or jokes about your pregnancy or ability to work. 
• Being excluded from meetings, projects, or promotions after announcing your pregnancy. 
• Sudden negative performance reviews that don’t match your previous record. 
• Pressure to take early leave even when you’re capable of working. 
• Being reassigned to less favorable duties or shifts without justification. 

If harassment creates a hostile work environment that forces you to resign, it may be considered constructive discharge. Under the law, this is treated similarly to being fired. 

What to Do If You’re Fired While Pregnant 

If you believe you were fired because of your pregnancy, here are steps to protect yourself: 

1. Document everything. Keep copies of emails, performance reviews, HR communications, and any comments or actions that suggest discrimination. 
2. Ask for clarification in writing. Request a written explanation for your termination—this helps establish a record of the employer’s stated reasons. 
3. Consult an employment law attorney. A lawyer can help determine whether your firing was illegal and help you file a complaint with the Equal Employment Opportunity Commission (EEOC) or a state agency. 
4. File a complaint promptly. In California, you must file EEOC charges within 180 days of the alleged discrimination. This time can be extended to 300 days if the complaint is also covered by a state law that prohibits the same type of discrimination. 

If you can prove discrimination, you may receive back pay, reinstatement, or compensation for emotional distress. 

While you cannot legally be fired for being pregnant, employers sometimes use subtle or disguised tactics to push pregnant workers out. Knowing your rights and acting quickly is essential. 

If you believe you were denied maternity leave, harassed or retaliated against for being pregnant, or wrongfully terminated, there are legal protections in place to support you and you can find help to ensure you receive fair treatment. 

Note: The above article does not constitute legal advice.