Terminating a female employee after getting pregnant has been one of the most severe issues at any job. However, it is totally illegal to terminate any employee who is simply found pregnant; being pregnant does not make you less efficient or prone to job termination. Some laws solely protect pregnant women’s rights at jobs.
However, if the pregnant woman is found to have violated the terms mentioned in their contract, such as distractions, poor performance, mentally unstable, low attendance, or breaking policies if you are involved in such a case of illegal pregnancy termination, then you must contact Carey & Associates P.C. for experienced legal help.
What are the pregnancy discrimination acts that you must know about?
Various laws solely protect the rights of working pregnant women; one of them is the Civil Rights Act of 1978, which provides security to a female employee who is pregnant. The primary purpose of this act is to decrease prejudice based on childbirth, pregnancy, or any medical condition related to birth and pregnancy.
The law protects employed women who are pregnant at the job in various ways. Those are: companies have to officially allow pregnant women to continue doing their jobs as long as they are capable of doing it, and companies cannot deny employment to pregnant women based on the traditional assumption the employee must not be judged during their pregnancy period and the company can never terminate the employee against the complaint based on the discrimination of pregnancy act violations.
What should you do if you have been terminated during your maternity leave?
Maternity leave is not just casual leave; it is a leave that must be provided to every pregnant employee based on the timing of the pregnancy. However, if the employer has genuine reasons for terminating a pregnant employee from a job, the employer is free to do so. However, in that case, the employee has complete right to file a legal case against the company.
In these cases, the pregnant employee has more chances to win the case as cases like these mainly provide more preference to the employee if she succeeds in proving that the termination is based on pregnancy discrimination and not because of her negligence. If you have been feeling discrimination at your work and you are being treated differently based on your pregnancy, even if you are excellent at your job. It is important to note all of your performances on a daily basis, and the comments that are made after your pregnancy can be proof that can be used later.
Commonly asked questions by female employees
- What should I do if my employer claims other reasons for my job termination?
It is often seen at work that the reasons for termination are provided alternatively, such as being distracted at work or having poor performance, even if it is not valid. However, if you succeed in proving that the real reason for termination was because of your pregnancy, there are chances that you might win the case. In cases like these, paper and live evidence matter.
- Could I get my job back once I am not found guilty?
It totally depends on the consequences of your claim; if you win the case, you may get compensation, back pay, and apologies. However, even if the employee wins the case, they prefer not to return to that toxic and disturbing environment; they just consider the compensation.
- Should I consult with a lawyer?
Usually, cases like these are complex; thus, it is highly recommended that a trustworthy and experienced lawyer be consulted before filing the case. They will guide you through the case so that you can profitably win the case legally. Compensations that you get after you win the case are emotional distress price, back pay for poor salary, and fees for damages.