It is very clear to most employees that they should not be discriminated against based on a current pregnancy. A woman who has been working in her current position for years with no complaints and gets immediately fired after informing her boss that she has become pregnant may have a valid discrimination claim. She could argue that she was wrongfully terminated, perhaps because the employer did not want to let her go on maternity leave.
But it is important to note that other types of pregnancy discrimination are also prohibited, including discrimination based on:
- A past pregnancy
- An intended pregnancy
- A potential pregnancy
- Pregnancy-related medical conditions
For example, a pregnancy-related medical condition could include something like undergoing in vitro fertilization. If a woman has a medical appointment and takes time off work, and her boss retaliates by firing her, it could also be a wrongful termination.
An age-related issue
In some cases, this essentially becomes an issue of age.
For instance, say that an employer is considering hiring two different candidates. One is far more qualified than the other, but the more qualified candidate is also a woman in her mid 20s, who just got married. If the prospective employer decides that there is the potential she could become pregnant in the future and decides not to hire her on those grounds, that could be a form of discrimination.
In other words, people need to be free to make their own decisions when it comes to pregnancy and childbirth without worrying about workplace ramifications. After a wrongful termination or other adverse action, employees must understand their legal rights. To learn more about your options, do not hesitate to reach out to our experienced attorneys today.