Are Employers Allowed to Lay Off Pregnant Employees?

Are Employers Allowed to Lay Off Pregnant Employees?

Pregnancy is an exciting yet vulnerable time, made even more challenging when questions about job security arise. Unfortunately, many employees worry about the legality and fairness of their employer’s actions if they face layoffs during or shortly after pregnancy. Understanding your workplace rights can help you take proactive steps to protect yourself. At the Law Offices of Jeannette A. Vaccaro PC, we are committed to supporting employees in understanding and asserting their workplace rights during this critical time. We highlight key legal protections offered to pregnant workers and provide guidance on what to do if you suspect discrimination.

Federal and State Protections for Pregnant Employees

Employees in California benefit from legal protections that safeguard them from workplace discrimination, especially during pregnancy. Two critical federal laws provide the foundation for these rights nationwide:

Pregnancy Discrimination Act (PDA)

The Pregnancy Discrimination Act is a federal law prohibiting employers from discriminating against employees because of pregnancy, childbirth or related medical conditions. Under this law, employers cannot make decisions about hiring, firing, pay, promotions or other employment terms based on pregnancy. 

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act further protects pregnant employees by allowing eligible workers up to 12 weeks of unpaid, job-protected leave for medical reasons, including childbirth and pregnancy-related complications. Employers are required to reinstate employees to the same or an equivalent role upon their return from FMLA leave, ensuring their job security during this significant time.

California’s Comprehensive State Laws

California offers additional safeguards beyond federal protections. Under the Fair Employment and Housing Act (FEHA), discrimination against pregnant workers is unlawful. This law covers hiring practices, promotions, accommodations, and anti-retaliation measures.

California also mandates Pregnancy Disability Leave (PDL), which provides up to four months of job-protected leave for pregnancy-related medical conditions, regardless of how long the employee has worked for the company.

Layoffs and Terminations During Pregnancy

While employers can conduct layoffs for legitimate, non-discriminatory business reasons, they cannot single out pregnant employees or use pregnancy as a basis for termination. If layoffs disproportionately affect pregnant workers or appear targeted, this could constitute discrimination.

For example, if an employer eliminates only positions held by employees who are on or about to take pregnancy or parental leave, it may raise red flags of unlawful behavior. Similarly, using a layoff as an excuse to avoid fulfilling accommodations or leave obligations is prohibited under state and federal law. 

How to Protect Yourself and Take Action

If you believe your layoff violates legal protections or stems from discriminatory practices, it is crucial to seek legal guidance. An attorney can evaluate your situation and advise on next steps, potentially including a wrongful termination lawsuit.

At the Law Offices of Jeannette A. Vaccaro PC, we understand the complexities of workplace discrimination cases. We are dedicated to protecting employees who face unlawful treatment and navigating the legal system on their behalf.

Contact Us for Assistance

If your job has been impacted during or after pregnancy, don’t face these challenges alone. Contact the Law Offices of Jeannette A. Vaccaro PC today for a secure, confidential consultation. We can help you assert your rights and seek justice under California’s robust employment laws.