--- title: Can You Fire a Pregnant Woman? Unpacking the Legalities description: Can you fire a pregnant woman? 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Unpacking the Legalities 4:43 # Can You Fire a Pregnant Woman? Understanding Your Legal Boundaries By [Jenny Barnes, SPHR](https://blog.axcethr.com/author/jenny-barnes) on [Jul 09, 2025](https://blog.axcethr.com/ask-the-hr-expert-is-it-legal-to-fire-a-pregnant-employee) 4 min read [2 Comments](https://blog.axcethr.com/ask-the-hr-expert-is-it-legal-to-fire-a-pregnant-employee#comments-listing) Share this: - - - - [whatsapp://send?text=https://blog.axcethr.com/ask-the-hr-expert-is-it-legal-to-fire-a-pregnant-employee](whatsapp://send?text=https://blog.axcethr.com/ask-the-hr-expert-is-it-legal-to-fire-a-pregnant-employee) - [mailto:?subject=Can%20You%20Fire%20a%20Pregnant%20Woman?%20Unpacking%20the%20Legalities%20&body=https://blog.axcethr.com/ask-the-hr-expert-is-it-legal-to-fire-a-pregnant-employee](mailto:?subject=Can%20You%20Fire%20a%20Pregnant%20Woman?%20Unpacking%20the%20Legalities%20&body=https://blog.axcethr.com/ask-the-hr-expert-is-it-legal-to-fire-a-pregnant-employee) ![can-you-fire-a-pregnant-employee-_1200-x-800-px_ (1)](https://blog.axcethr.com/hs-fs/hubfs/can-you-fire-a-pregnant-employee-_1200-x-800-px_%20(1).webp?width=1200&height=800&name=can-you-fire-a-pregnant-employee-_1200-x-800-px_%20(1).webp) In the realm of employment law, few questions spark more concern—and confusion—than this: **Can you fire a pregnant woman?** On the surface, it sounds straightforward. But the answer is layered, involving federal regulations, protected rights and employer responsibilities. For small and mid-sized business owners, understanding the legal parameters is essential to staying compliant and avoiding costly missteps. Let’s unpack what the law actually says—and what it doesn’t. ## Question: Can You Fire a Pregnant Woman, Legally? A client recently asked me, “Is it legal to fire an underperforming employee who just announced she is pregnant? If so, what is the best way to go about it to avoid legal repercussions?” ## Answer: Yes, but ****only** for Lawful, Non-Discriminatory Reasons** The **Pregnancy Discrimination Act (PDA)** of 1978, an amendment to Title VII of the Civil Rights Act, prohibits employers with 15 or more employees from firing a woman *because* she is pregnant—or because of any condition related to pregnancy. According to the [Equal Employment Opportunity Commission (EEOC)](https://www1.eeoc.gov//eeoc/publications/pregnant_workers.cfm?renderforprint=1), this protection extends to women who: - Are currently pregnant - Were pregnant - Might become pregnant or are trying to - Have pregnancy-related medical conditions - Have had or are considering an abortion Firing a pregnant employee for any of these reasons is considered pregnancy discrimination—and it’s illegal. Yet, it still happens. Between 2012 and 2022, more than [31,000 pregnancy discrimination charges were filed](https://www.idealist.org/en/careers/pregnancy-discrimination-workplace) with the EEOC. Pregnant employees may have additional rights under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act. The ADA, for example, requires employers to provide necessary accommodations to pregnant women with certain pregnancy-related conditions that could qualify as disabilities. [![New call-to-action](https://no-cache.hubspot.com/cta/default/2652187/cfae852f-7923-470f-be83-2112505b4d45.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/cfae852f-7923-470f-be83-2112505b4d45) ## When Is It Legal to Terminate a Pregnant Employee? While you *can’t* fire someone *because* she’s pregnant, you *can* terminate her employment for legitimate, unrelated reasons—such as: - Ongoing performance issues - Company restructuring or layoffs - Policy violations - Attendance issues not protected by law However, the burden of proof is on the employer. You must be able to clearly demonstrate that the termination was: - **Documented:** Performance or conduct issues must be recorded. - **Consistent:** Policies must be applied equally across all employees. - **Non-discriminatory:** There must be no link between the termination and the pregnancy. [![New call-to-action](https://no-cache.hubspot.com/cta/default/2652187/c08de5eb-3a9c-44d2-9098-9b2204c5fd13.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/c08de5eb-3a9c-44d2-9098-9b2204c5fd13) ## Pregnancy and Federal Employment Laws ### The ADA and FMLA Pregnant employees may have additional protections under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). - Under the **ADA**, pregnancy-related conditions (e.g., gestational diabetes, preeclampsia) may qualify as disabilities, triggering the employer’s obligation to provide reasonable accommodations. - The **FMLA** entitles eligible employees to up to 12 weeks of unpaid, job-protected leave for pregnancy or childbirth. ### What About the Pregnant Workers Fairness Act (PWFA)? In 2023, the **Pregnant Workers Fairness Act (PWFA)** went into effect, expanding protections for pregnant employees beyond what the ADA and PDA offer. Under the PWFA, covered employers must provide reasonable accommodations for limitations related to pregnancy, childbirth or related medical conditions—even if those conditions don't qualify as disabilities under the ADA. Examples of accommodations under the PWFA might include more frequent breaks, light duty, flexible schedules or remote work. Failing to accommodate or retaliating against a pregnant worker who requests support could lead to legal exposure. [![HR compliance services for small businesses from Axcet HR Solutions](https://no-cache.hubspot.com/cta/default/2652187/interactive-189255892628.png)](https://blog.axcethr.com/hs/cta/wi/redirect?encryptedPayload=AVxigLJmCgMVMttEpPaSUHcnI7osEpoOO4i5%2BwBeREr9Ja5Rg1l4NgSY7J%2BTyql0S%2FpGTQvD8uIfuPXu%2FnorJTs3zYd2%2BsVW%2BMLPieMGoL3W2jkldfqWsGm6aeVH3MLY4ReezSsw32n9rIqW7ak7poi8OUhGs9p7Dyj9m4Aziog4483y%2FlE4UfNgavC7w3u7Ld%2Fwwt2GSMeDzjQgSYJmiORMBAfHCjB3n3OdcnBJPB5%2FyFMYFqude3U0bZjAq5ntXGR9ZyPs6ThYeFgjopPPAnyrctBkOFZWGQ%3D%3D&webInteractiveContentId=189255892628&portalId=2652187) ## Protecting Your Business from Pregnancy Discrimination Claims To avoid legal risk when terminating a pregnant employee, you must: 1. **Follow company policies and disciplinary procedures.** 2. **Document all performance or conduct issues thoroughly.** 3. **Apply policies consistently to all employees.** 4. **Provide accommodations when required under ADA or PWFA.** 5. **Consult HR or legal counsel before making final decisions.** > ✅ Bottom line: You can fire a pregnant employee, but you cannot fire her *because* she is pregnant—or because of any protected condition under federal law. RELATED: [How to Terminate a Remote Employee >>](https://blog.axcethr.com/how-to-terminate-a-remote-employee) ## Navigate Pregnancy-Related Employment Laws with Confidence Terminating a pregnant employee is a legally sensitive action that must be handled with extreme care and full awareness of applicable laws. Even when legitimate business reasons exist, missteps can lead to costly legal consequences and reputational harm. To stay compliant and protect your business, partner with **Axcet HR Solutions**. Our certified HR consultants help small and mid-sized employers navigate complex employment laws, document decisions appropriately and reduce legal risk. [Learn more about our HR compliance services here >>](https://www.axcethr.com/services/human-resources/hr-compliance-services/) RELATED: [Terminating an Employee Without Warning  >>](https://blog.axcethr.com/when-a-warning-isnt-enough-why-employers-skip-progressive-discipline) ## No Legal Advice The information and materials on this site are provided for informational purposes only. They do not necessarily represent the position or opinions of Axcet HR Solutions or its employees, and they do not constitute legal advice.  You should consult with a qualified lawyer of your choice who is familiar with all of the facts of your situation before making a decision about any legal matter. [![Subscribe now](https://no-cache.hubspot.com/cta/default/2652187/3ce89456-4e5b-4313-96c5-66d3f47eacba.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/3ce89456-4e5b-4313-96c5-66d3f47eacba) [![Jenny Barnes, SPHR](https://blog.axcethr.com/hs-fs/hubfs/Jenny.jpg?width=80&height=80&name=Jenny.jpg)](https://blog.axcethr.com/author/jenny-barnes) Written by #### [Jenny Barnes, SPHR](https://blog.axcethr.com/author/jenny-barnes) Jennifer Barnes, SPHR is a seasoned HR business professional and program manager with a strong track record in employee relations, HR strategy, and compliance. Currently serving as a Human Resources Consultant at Axcet HR Solutions, Jennifer brings over a decade of experience leading HR initiatives that support organizational growth and operational excellence. Prior to joining Axcet, she held strategic roles at companies like Chewy and Amazon, where she specialized in employee investigations, coaching for leadership teams, and KPI-driven program management. Her cross-industry HR expertise is further bolstered by a portfolio of respected credentials, including the Senior Professional in Human Resources (SPHR) and a Certificate in Data Analytics from HRCI. Jennifer is also a Belbin Team Roles Certified Practitioner, reflecting her passion for leadership development and effective team dynamics. Beyond her corporate achievements, Jennifer has dedicated years to animal welfare causes, volunteering and fostering through the Lawrence Humane Society and previously with the Cayo Animal Welfare Society. With a commitment to strategic HR planning, data-driven decision-making, and compassionate service, Jennifer continues to make a meaningful impact in both her professional and community roles. Read more [View all posts →](https://blog.axcethr.com/author/jenny-barnes) ### Get HR Updates ### Table of Contents ### Related Resources - [services Human Resources](https://www.axcethr.com/services/human-resources/) #### [Staying Out of Harm’s Way: How to Handle a Disgruntled Employee ![how to handle a disgruntled employee](https://blog.axcethr.com/hubfs/disgruntled%20employees.png)](https://blog.axcethr.com/staying-out-of-harms-way-handling-disgruntled-employees) #### [![business leaders discussing how to maintain DEI programs in the midst of political changes](https://blog.axcethr.com/hubfs/diversity-programs-_1200-x-628-px_%20(1).webp) How Companies Can Maintain DEI Programs Amid Changing Politics](https://blog.axcethr.com/should-you-rethink-dei-programs) ## Let us know what you think... ![AxcetHR Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [What We Stand For](https://www.axcethr.com/about-us/what-we-stand-for/) - [Expertise](https://www.axcethr.com/expertise/) - [Employee Benefits](https://www.axcethr.com/services/employee-benefits/) - [Human Resources](https://www.axcethr.com/services/human-resources/) - [Payroll Services](https://www.axcethr.com/services/payroll-and-tax-administration-services/) - [Risk Management](https://www.axcethr.com/services/workers-comp-and-employee-safety-risk-management/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Subscribe to Latest Resources](https://www.axcethr.com/subscribe-to-the-latest-resources/) - [Resource Library](https://www.axcethr.com/expertise/resource-library/) - [\[ Client Portal \]](https://www.axcethr.com/client-services/) - - - - - Search for: Copyright © 2023 Axcet HR Solutions – Kansas City's PEO Since 1988 | [Privacy Policy](https://www.axcethr.com/privacy-policy/) | [Terms and Conditions](https://www.axcethr.com/terms-conditions/) | [**Join our Team – Careers »**](https://axcethrsolutions.prismhr-hire.com/) 10975 Grandview Drive Suite 200, Corporate Woods Building 27, Overland Park, KS 66210 | Call us: 913-383-2999 *The IRS does not endorse any particular For more information on [certified professional employer organizations](https://www.axcethr.com/why-axcet/certified-peo/), go to [www.irs.gov](https://www.irs.gov).* Remove cookies ![](https://dc.ads.linkedin.com/collect/?pid=43031&fmt=gif) ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Jenny Barnes, SPHR", "url" : "https://blog.axcethr.com/author/jenny-barnes" }, "dateModified" : "2025-07-09T21:04:12.425Z", "datePublished" : "2025-07-09T12:00:00.000Z", "headline" : "Can You Fire a Pregnant Woman? 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On the surface, it sounds straightforward. But the answer is layered, involving federal regulations, protected rights and employer responsibilities. For small and mid-sized business owners, understanding the legal parameters is essential to staying compliant and avoiding costly missteps. Let’s unpack what the law actually says—and what it doesn’t. Question: Can You Fire a Pregnant Woman, Legally? A client recently asked me, “Is it legal to fire an underperforming employee who just announced she is pregnant? If so, what is the best way to go about it to avoid legal repercussions?” Answer: Yes, but only for Lawful, Non-Discriminatory Reasons The Pregnancy Discrimination Act (PDA) of 1978, an amendment to Title VII of the Civil Rights Act, prohibits employers with 15 or more employees from firing a woman because she is pregnant—or because of any condition related to pregnancy. According to the Equal Employment Opportunity Commission (EEOC), this protection extends to women who: Are currently pregnant Were pregnant Might become pregnant or are trying to Have pregnancy-related medical conditions Have had or are considering an abortion Firing a pregnant employee for any of these reasons is considered pregnancy discrimination—and it’s illegal. Yet, it still happens. Between 2012 and 2022, more than 31,000 pregnancy discrimination charges were filed with the EEOC. Pregnant employees may have additional rights under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act. The ADA, for example, requires employers to provide necessary accommodations to pregnant women with certain pregnancy-related conditions that could qualify as disabilities. When Is It Legal to Terminate a Pregnant Employee? While you can’t fire someone because she’s pregnant, you can terminate her employment for legitimate, unrelated reasons—such as: Ongoing performance issues Company restructuring or layoffs Policy violations Attendance issues not protected by law However, the burden of proof is on the employer. You must be able to clearly demonstrate that the termination was: Documented: Performance or conduct issues must be recorded. Consistent: Policies must be applied equally across all employees. Non-discriminatory: There must be no link between the termination and the pregnancy. Pregnancy and Federal Employment Laws The ADA and FMLA Pregnant employees may have additional protections under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Under the ADA, pregnancy-related conditions (e.g., gestational diabetes, preeclampsia) may qualify as disabilities, triggering the employer’s obligation to provide reasonable accommodations. The FMLA entitles eligible employees to up to 12 weeks of unpaid, job-protected leave for pregnancy or childbirth. What About the Pregnant Workers Fairness Act (PWFA)? In 2023, the Pregnant Workers Fairness Act (PWFA) went into effect, expanding protections for pregnant employees beyond what the ADA and PDA offer. Under the PWFA, covered employers must provide reasonable accommodations for limitations related to pregnancy, childbirth or related medical conditions—even if those conditions don't qualify as disabilities under the ADA. Examples of accommodations under the PWFA might include more frequent breaks, light duty, flexible schedules or remote work. Failing to accommodate or retaliating against a pregnant worker who requests support could lead to legal exposure. Protecting Your Business from Pregnancy Discrimination Claims To avoid legal risk when terminating a pregnant employee, you must: Follow company policies and disciplinary procedures. Document all performance or conduct issues thoroughly. Apply policies consistently to all employees. Provide accommodations when required under ADA or PWFA. Consult HR or legal counsel before making final decisions. ✅ Bottom line: You can fire a pregnant employee, but you cannot fire her because she is pregnant—or because of any protected condition under federal law. RELATED: How to Terminate a Remote Employee >> Navigate Pregnancy-Related Employment Laws with Confidence Terminating a pregnant employee is a legally sensitive action that must be handled with extreme care and full awareness of applicable laws. Even when legitimate business reasons exist, missteps can lead to costly legal consequences and reputational harm. To stay compliant and protect your business, partner with Axcet HR Solutions. Our certified HR consultants help small and mid-sized employers navigate complex employment laws, document decisions appropriately and reduce legal risk. Learn more about our HR compliance services here >> RELATED: Terminating an Employee Without Warning >> No Legal Advice The information and materials on this site are provided for informational purposes only. They do not necessarily represent the position or opinions of Axcet HR Solutions or its employees, and they do not constitute legal advice. You should consult with a qualified lawyer of your choice who is familiar with all of the facts of your situation before making a decision about any legal matter.", "author" : { "@id" : "https://blog.axcethr.com/author/jenny-barnes#author", "@type" : "Person", "name" : "Jenny Barnes, SPHR", "url" : "https://blog.axcethr.com/author/jenny-barnes" }, "dateCreated" : "2025-07-09", "dateModified" : "2025-07-09", "datePublished" : "2025-07-09", "description" : "In the realm of employment law, few questions spark more concern—and confusion—than this: Can you fire a pregnant woman? On the surface, it sounds straightforward. But the answer is layered, involving federal regulations, protected rights and employer responsibilities. For small and mid-sized business owners, understanding the legal ...", "editor" : "Jenny Barnes, SPHR", "genre" : "Human Resources and Employee Management", "headline" : "Can You Fire a Pregnant Woman? 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