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Ask A Lawyer: Is it Legal To Fire An Employee Who Is Pregnant?

This week’s “Ask A Lawyer” question deals with employment law and discrimination.

It is illegal to discriminate against an employee because she is pregnant or for any pregnancy related condition.

If you are pregnant and you experience an adverse incident at work, such as suspension without pay or firing, you should contact a lawyer.

Particularly important is the time between when the employer learns of your pregnancy or pregnancy related condition and the time of the adverse action it takes against you – the closer in time the two are, the more likely the employer is taking the action because of your pregnancy.

If the employer gives a reason and the reason does not make any sense and seems contrary to reality then that is another factor making it more likely that the employer is taking the action because of your pregnancy.

For example, if the employer says he is firing you because you miss too much time, and you have a perfect attendance record, then the claimed reason is likely a pretext for illegal discrimination.

If you are concerned that an employer has discriminated or retaliated against you because you are pregnant, consult a lawyer right away, as the time for making claims is limited under the law. Acting quickly is always the best route.

Have a question for our legal team? Leave yours in the comments below to be featured in a future “Ask A Lawyer” article.

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Since our founding, Jacobs & Crumplar has represented those injured physically, mentally, and emotionally by companies and the government. We are deeply troubled by the senseless killing of George Floyd and the injustice shown to countless others over the years. Consistent with our tradition, Jacobs & Crumplar stands in solidarity with all those working to eliminate systemic racism and with those who have been victimized by prejudice. Building a better society requires us all to play an active role.