Pregnancy can be an exciting yet overwhelming time, especially when you’re juggling work and preparing for a major life change. But what if your employer doesn’t seem supportive—or worse, tries to fire you because you’re expecting?
If you’re wondering, “Can a job fire me for being pregnant?” the short answer is: No, they legally can’t. But there’s more to the story, and understanding your rights can help you protect yourself from discrimination.
In this article, we’ll break down your legal protections, signs of pregnancy discrimination, what to do if it happens, and how to safeguard your job while pregnant.
Understanding Pregnancy Discrimination
What Is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats a pregnant employee unfairly because of her pregnancy, childbirth, or related medical conditions. This can include:
- Being fired or demoted after announcing a pregnancy
- Being denied promotions or opportunities
- Being forced to take unpaid leave
- Facing harassment or bias at work
Laws That Protect Pregnant Employees
Several federal laws exist to protect you from being fired or discriminated against due to pregnancy:
1. The Pregnancy Discrimination Act (PDA)
The PDA, an amendment to Title VII of the Civil Rights Act of 1964, makes it illegal for employers to fire or discriminate against someone due to pregnancy, childbirth, or related conditions. This law applies to employers with 15 or more employees.
2. The Family and Medical Leave Act (FMLA)
FMLA allows eligible employees to take up to 12 weeks of unpaid leave for pregnancy, childbirth, or parenting—without losing their job. To qualify, you must:
- Work for a covered employer (50+ employees)
- Have worked there for at least 12 months
- Have clocked in 1,250 hours in the past year
3. The Americans with Disabilities Act (ADA)
If a pregnancy leads to complications that qualify as a disability (e.g., preeclampsia), the ADA may require employers to provide reasonable accommodations instead of terminating your employment.
Can an Employer Ever Fire a Pregnant Worker?
While you can’t be fired because you’re pregnant, there are certain situations where an employer can legally terminate your employment—even if you’re expecting:
Legal Reasons to Be Let Go (That Aren’t About Pregnancy)
- Company-wide layoffs or restructuring
- Poor performance or misconduct
- Violations of company policy
- Inability to perform essential job duties without reasonable accommodation
Important: If your employer cites one of these reasons, but you suspect pregnancy is the real cause, you may still have a case for discrimination.
Recognizing Signs of Pregnancy Discrimination
It’s not always obvious when discrimination is happening. Here are common red flags:
- Your boss or coworkers make negative comments about your pregnancy.
- You’re suddenly being excluded from meetings or responsibilities.
- You’re denied a promotion or raise after announcing your pregnancy.
- You’re pressured to take leave early, even if you’re able to work.
- Your job is eliminated shortly after revealing you’re expecting.
If these things are happening, start documenting everything—dates, conversations, emails, and any changes to your job duties.
What to Do If You’re Fired or Harassed While Pregnant
If you believe you’ve been wrongfully terminated or mistreated because of your pregnancy, take these steps:
1. Document Everything
Keep a record of:
- Emails, messages, or written policies
- Performance reviews before and after pregnancy
- Any discriminatory statements or treatment
2. File an Internal Complaint
Many companies have HR departments or formal complaint procedures. Start there—it helps show you attempted to resolve the issue internally.
3. File a Charge with the EEOC
The Equal Employment Opportunity Commission (EEOC) enforces federal laws like the PDA. You must file a complaint within 180 days of the incident in most cases.
4. Consult an Employment Attorney
A lawyer can help you understand your rights and determine whether you have a strong case.
Tips for Protecting Your Job While Pregnant
Here’s how you can be proactive in safeguarding your employment:
- Inform your employer professionally and clearly once you’re ready.
- Get everything in writing—including medical notes, accommodation requests, and leave plans.
- Understand your company’s maternity policy and how it interacts with FMLA.
- Maintain good communication with your manager or HR, especially if you need accommodations.
- Know your rights—the more informed you are, the more confident you’ll feel.
Conclusion: Knowledge Is Your Best Protection
So, can a job fire you for being pregnant? Legally, no—they can’t. Thanks to federal laws like the PDA and FMLA, pregnant workers have strong protections against discrimination and wrongful termination.
Still, that doesn’t mean discrimination doesn’t happen. If you feel targeted or mistreated because of your pregnancy, don’t stay silent. Know your rights, take action, and seek support if needed.
Andre Cuevas provides career insights, job search strategies, and professional advice to help individuals navigate the job market and achieve their career goals.
