Pregnant and laid off: Is that legal?

Pregnancy is a time of major change. For some, the changes extend beyond the growing belly and new family dynamic and into their careers. It happens often but is it legal for a pregnant woman to be laid off or let go from her job?

The answer will depend on the reason why she was laid off.

The Pregnancy Discrimination Act prohibits employers from treating pregnant employees differently than nonpregnant employees. This means that they may not be fired, laid off, not hired, demoted, passed over for a promotion, given a pay cut, have their benefits taken away or being denied reasonable accommodations because they are pregnant. However, if it can be shown that they are laid off for another, legitimate reason unrelated to the pregnancy that is unfortunate, but legal.

For example, if an employer needs to cut costs by downsizing and a pregnant employee works in a position that is eliminated, it is legal as long as the criteria for lay off applies equally to other non-pregnant employees as well. If a pregnant employee is laid off because the employer claims that they are downsizing but then only lets the pregnant employee go, a case of illegal pregnancy discrimination could possibly be made.

To support a claim of pregnancy discrimination, there must be evidence to show that the employer most likely laid the employee off because of the pregnancy. Hard evidence of this would be the best to have, but not absolutely required.

Learn more about pregnancy discrimination at https://erlich.lawyer/.

Read more

A recent court order involving a Livermore-based roofing company shows how quickly problems arise when employers fail to follow overtime rules.

Livermore Roofing Contractor Ordered to Pay $2 Million in Back Wages for Unpaid Overtime

When hardworking employees put in long hours, they expect to be paid fairly for their time. Yet a recent court order involving a Livermore-based roofing company shows how quickly problems arise when…

READ ARTICLE
A recent survey by Resume Now, an online platform for job seekers, provides a closer look at how widespread age discrimination has become.

Nine in Ten Older Workers Report Experiencing Age Discrimination in New Survey

For many workers in their fifties or sixties, the workplace does not always reflect the value of experience. While employers often say they appreciate institutional knowledge, older employees frequently encounter subtle slights,…

READ ARTICLE
When workers face harassment or unfair treatment, the consequences can extend far beyond a bad day at the office.

Oakland Settles $1 Million Lawsuit After City Worker Reports Sexual Harassment and Retaliation by Successive Supervisors

When workers face harassment or unfair treatment, the consequences can extend far beyond a bad day at the office. A recent lawsuit settlement involving a former employee of Oakland’s Department of Violence…

READ ARTICLE
One recent case involving CleanNet USA, a janitorial franchising company, is a clear example of what can happen when employers try to sidestep labor laws.

Janitorial Company Pays Millions to California Workers Over Misclassification

Many California workers may not realize they are entitled to more legal protections than their job title suggests. This is especially true in industries where companies rely on complicated business models that…

READ ARTICLE
SEEN ON
cnnmoney
marin-ij
dailypost
news10