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In the realm of employment law, questions about the rights and protections of pregnant employees often prompt heated discussions and a search for clarity. One question, seemingly simple yet fraught with legal intricacies, stands out: "Can you fire a pregnant woman?"
This query is more than just a matter of legal fact; it's a doorway into understanding the complex interplay of federal laws, workplace policies and the protections they afford to pregnant workers.
This post aims to clarify the legal parameters surrounding the termination of pregnant employees, emphasizing the critical importance of adhering to federal guidelines and the procedural nuances required for compliance. By understanding these frameworks, employers can make informed decisions.
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?”
Can you fire a pregnant woman? While it is legal to terminate a pregnant employee, you cannot do so simply because she is pregnant. According to the Equal Employment Opportunity Commission (EEOC), under the Pregnancy Discrimination Act (PDA) of 1978, employers with 15 or more employees are not allowed to discriminate against an employee if they:
are pregnant;
were pregnant;
could become pregnant or intend to become pregnant;
have a medical condition related to pregnancy; or
had an abortion or are considering an abortion.
This means it’s against the law for applicable employers to fire, demote, reject a promotion or refuse to hire a woman for any of the above reasons. Yet it still happens.
Between 2012 and 2022, 31,000 pregnancy discrimination charges were filed with the EEOC, and the number of charges continues to remain relatively unchanged year-to-year.
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.
Still, it may become necessary to end an employment relationship with an underperforming pregnant employee. Remember, though, that the groundwork for firing an employee – pregnant or not – should be laid well before a termination.
To avoid a possible pregnancy discrimination lawsuit, follow company policies as well as relevant federal and state laws when firing a pregnant woman, and document all disciplinary actions and performance issues along the way.
As an employer, you must be able to clearly show you terminated the employee for a reason completely unrelated to her pregnancy. That’s why it’s imperative to follow company policies and documentation protocols and provide the employee an opportunity to improve.
To recap, you can fire an employee who is pregnant, but you cannot fire her because she is pregnant.
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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 HR compliance experts 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 >>
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.
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