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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.
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?”
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.
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.
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.
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.
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 >>
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 >>
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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