Termination during maternity leave is not just unfair—it may be illegal. Federal and state laws protect your rights against pregnancy discrimination, and understanding the legal process is crucial if you have been wrongfully terminated. But what is the process for suing your employer for firing you during maternity leave? What options do pregnant women have?
This comprehensive guide explains how to take legal action against your employer for wrongful termination during maternity leave.
We will also address key questions like, can you be let go while on maternity leave, termination of employment during maternity leave, and what happens if you get laid off during maternity leave.
It covers documentation, proving discrimination, and seeking damages, including lost wages, emotional distress, and punitive damages.
Understanding Your Legal Rights During Maternity Leave
The Family and Medical Leave Act (FMLA) grants eligible pregnant employees up to 12 weeks of unpaid leave for childbirth or pregnancy related conditions. FMLA ensures you can return to the same or an equivalent position with your previous pay rate and employee benefits.
The Pregnancy Discrimination Act (PDA), an amendment to Title VII, prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Firing an employee for taking maternity leave or because they are pregnant is illegal under federal law.
This includes prohibiting employers from firing you for extended maternity leaves for a proper reason. However, there’s more to learn about this before moving ahead.
1. Recognizing Wrongful Termination
Recognizing wrongful termination involves looking at the employer’s intent. If a pregnant person was fired shortly after announcing a pregnancy, denied leave, or treated differently compared to other employees, these could be signs of discriminatory intent.
Employers sometimes claim neutral reasons like “poor performance” or “restructuring,” but close examination can often prove discrimination using direct evidence or circumstantial evidence.
2. Gathering Critical Evidence
Gather all communications with your former employer regarding your pregnancy, maternity leave, and termination. Save emails, memos, texts, written warnings, medical records, and your company’s policy documents regarding medical leave.
Maintaining a detailed timeline from announcing your pregnancy through termination will support your pregnancy discrimination case.
3. Filing an EEOC Complaint
Before initiating a lawsuit, file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates claims of employment discrimination, including pregnancy discrimination lawsuits.
You must file your complaint within 180 to 300 days, depending on your state’s laws.
The EEOC may offer mediation or issue a Right to Sue letter after completing its investigation.
3. Receiving the Right to Sue Letter
Receiving a Right to Sue letter allows you to proceed with a lawsuit against your employer. You typically have 90 days from the receipt of the letter to file your lawsuit in court.
Delaying beyond this deadline may result in losing your right to pursue claims under federal law.
Consulting an Employment Lawyer
Hiring an experienced employment lawyer or pregnancy discrimination lawyer is crucial. A free consultation is often available to assess your case.
A skilled attorney will help you handle the whole process, from gathering evidence to representing you in litigation costs recovery and court proceedings.
Filing a Lawsuit
Your lawyer will draft a complaint detailing how your employer violated FMLA, PDA, or relevant state laws. It will cite instances of pregnancy harassment, sex discrimination, and unlawful termination of employment during maternity leave.
During discovery, both sides will exchange documents and testimony. Settlement negotiations may occur, or the case may proceed to trial if necessary.
Remedies Available in Maternity Discrimination Lawsuits
If you successfully prove pregnancy discrimination, you may recover:
- Back pay (lost wages and benefits)
- Front pay (future wages if reinstatement isn’t feasible)
- Emotional distress damages
- Punitive damages for malicious discrimination
- Coverage of litigation costs and attorney’s fees
Some cases also involve reinstatement to the original workplace position.
Can You Be Let Go While on Maternity Leave?
Legally, employers cannot fire employees simply for being pregnant or taking maternity leave. If an employer claims a legitimate reason like downsizing, they must show it was unrelated to the employee’s parental status or childbearing years.
What Happens if You Get Laid Off During Maternity Leave?
When a pregnant employee is laid off during maternity leave, the employer must demonstrate that the layoff was due to genuine business reasons. Failure to provide clear evidence may indicate discriminatory intent or an effort to discriminate based on pregnancy-related conditions.
Employer Defenses and Challenges During Maternity Leave Cases:
When facing a lawsuit for firing a pregnant employee during maternity leave, employers often try to justify the termination by presenting alternative reasons.
1. Claiming Poor Performance
One common defense is citing “poor performance” as the reason for dismissal. Employers may argue that the termination was based on long-standing issues unrelated to the employee’s pregnancy or maternity leave.
However, without documented evidence such as formal written warnings, poor evaluations, or disciplinary records prior to the pregnancy disclosure, this defense often lacks credibility.
Courts scrutinize these claims carefully, especially if the employee had no history of performance issues before announcing the pregnancy. The absence of documented problems can support a claim of pregnancy discrimination.
2. Asserting Redundancy or Restructuring
Employers might also claim that the termination was part of a legitimate layoff or corporate restructuring. While companies have the right to reorganize, they must prove that the pregnant employee was treated the same as other employees in similar positions.
If only the pregnant workers were let go while others with comparable work duties were retained, this could indicate discriminatory intent.
3. Using Circumstantial Evidence to Challenge Employer Claims
Direct evidence of discrimination is rare, so many cases rely on circumstantial evidence. Timing is crucial. For example, if the termination occurred soon after pregnancy disclosure or during maternity leave, it strengthens the employee’s case.
Showing that the employer’s explanations are inconsistent, changing, or unsupported by documents can further prove discrimination.
4. Comparing Treatment to Other Employees
Demonstrating that pregnant employees were treated less favorably than other employees with similar responsibilities is critical.
This comparison can reveal that the employer’s stated reason for termination is a pretext for discrimination, especially if non-pregnant workers retained their jobs under identical circumstances.
State-Level Protections for Maternity Leave
Beyond federal law, many state laws offer broader protections for female employees and new parents. These laws often provide longer medical leave, paid benefits, and additional safeguards against employment discrimination related to pregnancy. Below are key examples:
California: Cal. Gov’t Code § 12945
Under California’s Pregnancy Disability Leave Law (PDLL), pregnant employees are entitled to up to four months of job-protected leave for pregnancy-related disabilities, in addition to leave rights under the California Family Rights Act (CFRA).
New York: N.Y. Workers’ Comp. Law § 201-b
The New York Paid Family Leave (PFL) program provides up to 12 weeks of paid leave for bonding with a new child, with job protection and continued health insurance benefits during the leave.
New Jersey:N.J. Admin. Code § 13:14-1.1 et seq.
The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination based on pregnancy and mandates accommodations for pregnancy-related conditions, while the New Jersey Family Leave Act (NJFLA) offers job-protected leave for child bonding.
Massachusetts: Mass. Gen. Laws ch. 149, § 105D
The Massachusetts Paid Family and Medical Leave (PFML) law provides paid leave and job protection for individuals dealing with childbirth, pregnancy complications, or caring for a new child.
Consulting an employment lawyer ensures full use of both federal and state-level rights.
Final Thoughts
Being wrongfully terminated during maternity leave can have devastating emotional and financial consequences. Fortunately, laws at both the federal and state levels prohibit discrimination based on pregnancy, childbirth, or related medical conditions.
Understanding your rights, gathering strong evidence, acting quickly, and working with an experienced pregnancy discrimination lawyer, are all good options. You can effectively fight back against unlawful practices and reclaim justice in your workplace.
Start Fighting for Your Rights After Wrongful Termination With BLG
If you have been terminated due to your pregnancy, do not hesitate to report discrimination and take the necessary legal action to protect your career and your future. Our employment discrimination lawyers at Bourassa Law Group are here to help. If you feel you need assistance with your specific situation, know that we have you covered.
Start by discussing your case with us and our experts will take of everything.
1-800-870-8910