Can I be let go from a job because I am pregnant? 5 Answers as of June 09, 2013During an interview an employer asked if I as pregnant. At the time I said no because I didn't know I was. Shortly after hire I discovered I was pregnant and had to work with restrictions. Two months after being placed on restrictions I was let go. Is there a lawsuit here?
Law Office of Tadd Dietz, PLLC | Tadd Dietz
The Pregnancy Discrimination Act of 1978, which amended the Title VII of the Civil Rights Act of 1964, prohibits discrimination on the basis of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. An employer must have at least 15 or more employees to be subject to this prohibition on pregnancy discrimination. According to the Equal Employment Opportunity Commission "It is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth." See . Further, the Equal Employment Opportunity Commission points out that "Although the law doesnt prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted)." See . Employees have a 180 days from the last adverse employment action to file a charge of discrimination against their employer. In Utah an employee can file the charge of discrimination with the Equal Employment Opportunity Commission (), or with the Utah Antidiscrimination and Labor Division (). The Family and Medical Leave Act ("FMLA") can provide provide eligible employees to take 12 weeks of protected unpaid leave. FMLA leave may be taken "Because of the birth of a son or daughter of the employee and in order to care for such son or daughter." or even "Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee." See 29 United States Code 28, Section 2612. The FMLA also makes it unlawful for an employer to discriminate against, and/or "interfere with, restrain, or deny the exercise of or the attempt to exercise" of an eligible employees FMLA rights. See See 29 United States Code 28, Section 2615.
Answer Applies to: Utah
Law Offices of Sana Swe | Sana Swe
If the reason for your termination was your pregnancy or your pregnancy-related work restrictions, then yes, you have legal claims. Even if your restrictions made it impossible for you to perform your job, your employer was required by law to work with you to find an alternative. You should contact an attorney who practices employment law immediately.
Answer Applies to: California