What to do if you’ve been wrongfully terminated due to pregnancy

Pregnancy should be a time of anticipation and joy, but for some women, it becomes a period of unexpected challenges, including facing discrimination in the workplace. Being wrongfully terminated due to pregnancy can be a shocking and overwhelming experience, leaving you feeling vulnerable and uncertain about your future. This type of discrimination not only violates your rights but also adds unnecessary stress during a time when your focus should be on your health and the well-being of your baby.

Understanding your rights and knowing how to respond if you’ve been wrongfully terminated due to pregnancy is crucial for protecting yourself and your future. The laws are designed to ensure that pregnant employees are treated fairly and with the respect they deserve. By taking the right steps, you can hold your employer accountable and seek justice for the discrimination you’ve faced, while also setting a precedent that helps protect other women from similar treatment.

1. Understand your rights under the law

In the United States, pregnant women are protected under several federal laws. The Pregnancy Discrimination Act (PDA), which is an amendment to Title VII of the Civil Rights Act of 1964, makes it illegal for employers to discriminate against employees or job applicants on the basis of pregnancy, childbirth, or related medical conditions. This means that your employer cannot fire you, refuse to hire you, or treat you differently because you are pregnant.

Additionally, the Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons, including the birth of a child. If you’re covered by FMLA, your employer is required to restore you to your original job or an equivalent position after your leave.

2. Document everything

If you suspect that your termination is related to your pregnancy, begin documenting everything immediately. Keep a detailed record of any incidents that suggest discrimination, such as:

• Comments made by your employer or coworkers about your pregnancy.
• Changes in your job responsibilities after you informed your employer of your pregnancy.
• Any performance reviews or warnings issued after your pregnancy was disclosed, especially if they seem unwarranted.
• The circumstances of your termination, including the date, the reason given, and how it was communicated to you.
• Having thorough documentation will be invaluable if you need to file a complaint or pursue legal action.

3. Review your employment contract and company policies

Take a close look at your employment contract, employee handbook, or any other relevant documents provided by your employer. These documents may outline specific policies related to pregnancy, maternity leave, and termination. Understanding your company’s policies can help you determine whether your employer has violated their own rules in addition to breaking federal law.

4. Consider filing a complaint with the EEOC

If you believe your termination was due to pregnancy discrimination, you can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against employees or job applicants.

Here’s how to file a charge with the EEOC:

File the charge within the deadline: You must file a charge within 180 days of the alleged discrimination (or 300 days if a state or local law also covers the issue).

Provide supporting documentation: Submit any documentation that supports your claim of discrimination, such as emails, memos, or witness statements.

Participate in the investigation: The EEOC will investigate your claim, and you may be asked to provide additional information or attend a meeting.

If the EEOC finds that discrimination did occur, they may attempt to reach a settlement with your employer or give you the right to sue in federal court.

5. Consider legal action

If the EEOC grants you the right to sue, or if you want to pursue a lawsuit independently, consult with a pregnancy discrimination attorney. An experienced lawyer can help you navigate the legal process, determine the strength of your case, and advise you on the best course of action.

6. Seek emotional and financial support

Wrongful termination, especially during pregnancy, can be emotionally and financially devastating. It’s important to seek support from friends, family, or a counselor to help you cope with the stress and anxiety that may arise. Additionally, consider seeking financial assistance through unemployment benefits, public assistance programs, or nonprofit organizations that support pregnant women and new mothers.

7. Explore other employment opportunities

While pursuing your legal rights, you may also need to start looking for new employment. Update your resume, reach out to your professional network, and consider job opportunities that offer a supportive environment for working mothers. Some employers actively promote family-friendly policies and may be more accommodating to your needs as a pregnant employee.

Conclusion

Being wrongfully terminated because of pregnancy is a deeply unsettling experience, but you don’t have to navigate it alone. By understanding your rights, documenting everything, and seeking the appropriate legal and emotional support, you can take control of your situation and work towards a positive outcome. Remember, the law is on your side, and you deserve fair treatment in the workplace, regardless of your pregnancy status.