Can You Get Fired for Being Pregnant? Here's What You Need to Know

Pregnancy is an exciting time, full of anticipation—but it can also come with some big questions about work. Can you be fired for being pregnant? Unfortunately, pregnancy discrimination still happens, even with legal protections in place. But understanding your rights and knowing what steps to take can empower you to navigate challenging situations confidently. 

In this article, we’ll explore your rights as a pregnant employee, what to do if you face workplace discrimination or termination, and how to protect your career during this important phase of life.

“Can my job fire me for being pregnant?”

Under U.S. federal law, an employee cannot be dismissed solely because she is pregnant. The Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy, childbirth, or related medical conditions as part of Title VII of the Civil Rights Act. 

“Pregnancy discrimination is typically treated as sex or gender discrimination, which is unlawful under both federal and most state laws,” says Steven Chizen, an employment attorney. For instance, California’s Fair Employment and Housing Act explicitly includes pregnancy under sex discrimination protections.

Additionally, laws like the Family and Medical Leave Act (FMLA) protect employees from termination for requesting or taking protected leave, such as baby bonding time. “Employers cannot interfere with or retaliate against employees exercising these rights,” Chizen says.

However, it's important to note that while an employer cannot fire you because you are pregnant, they can still fire you for reasons unrelated to your pregnancy. For instance, performance issues, company downsizing, or other legitimate business reasons may result in termination while you are pregnant, provided they are not a pretext for discrimination.

Your legal rights as a pregnant employee

The Pregnancy Discrimination Act (PDA) ensures that pregnancy, childbirth, and related conditions cannot be used as grounds for unfair treatment. But knowing your rights is only the first step—you need to actively advocate for yourself when necessary.

Here’s what you’re entitled to:

• Equal treatment: Employers must treat pregnant employees the same as others with temporary medical conditions. This includes providing reasonable accommodations, such as modified duties or adjusted schedules if they do so for other employees.

• Job security during leave: If your employer is covered by the Family and Medical Leave Act (FMLA), you may qualify for up to 12 weeks of unpaid, job-protected leave for childbirth or prenatal care.

• Protection against retaliation: It’s illegal for employers to retaliate against you for requesting accommodations, taking leave, or reporting discrimination.

Your rights are there to protect you—don’t hesitate to use them if the need arises. 

Can you sue for being fired while pregnant?

While an employer can terminate a pregnant employee for reasons unrelated to pregnancy, it's important to know that using these reasons as a cover for discrimination is illegal.

If you were terminated due to your pregnancy, legal action may be an option under laws like the Pregnancy Discrimination Act (PDA) and Family and Medical Leave Act (FMLA). 

“Consider all angles of a possible lawsuit, not just the monetary compensation,” Chizen says. While a lawsuit can bring justice and compensation, sometimes negotiating a higher severance and focusing on your career may be the better path. 

“A good attorney who truly has your interest first will be able to walk you through this process, so you can make the decision that is right for you,” he says.

How to assert your rights after being dismissed

“What if I get fired and I'm pregnant?” Take the time to carefully review the reasons behind it to ensure they aren't a pretext for unfair treatment or bias.

If you suspect your termination was influenced by your pregnancy, here are key steps to take.

1. Document everything

Gather all relevant documentation, including performance reviews, emails, and any notes from meetings where your pregnancy or dismissal was discussed. These records are invaluable if you decide to pursue legal action.

“The tricky part of employment law is making sure the ‘truth’ matches the ‘provable truth,’” Chizen says. “Unfortunately, all that matters in a court is the provable truth.”

2. Request a written explanation

Ask your employer for a formal explanation of your dismissal in writing. This can help clarify their reasoning and potentially reveal inconsistencies or evidence of discrimination.

3. Consult legal support

Speak with an employment attorney to evaluate your case. They can help determine whether your termination violated federal or state laws and guide you on the appropriate next steps.

4. File a complaint with the EEOC

If you suspect discrimination, file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate your claim, offer mediation options, or provide a right-to-sue letter that allows you to take your case to court.

Rebuild confidence with emotional and professional support

Beyond legal considerations, it’s important to focus on yourself and your emotional well-being. Losing a job during pregnancy can be deeply challenging, but it’s also an opportunity to rebuild your confidence and look ahead to the next chapter. 

Process the loss

Allow yourself to grieve and acknowledge your emotions. “Deal with these emotions head-on at the beginning so they don’t hold you back later on,” says Amanda Augustine, a certified professional career coach with TopResume. Surround yourself with supportive people and engage in activities that relieve stress. Remember, setbacks are a natural part of many successful careers.

Reflect and reset goals

Use this time as an opportunity to redefine your career aspirations. Reflect on what you liked about your previous role and what you’d change. Write down your new job goals to create a clear roadmap for the future.

Inventory your strengths

Update your brag book with your latest achievements and contributions. “This is the perfect time to refresh your resume, LinkedIn profile, and other professional branding materials,” Augustine says. Not only does this prepare you for your job search, but it also serves as a reminder of the value you bring to future employers.

Navigating a job search or career change during pregnancy

Pregnant women often face challenges in the job market. “While it’s illegal for a company to withhold a job offer because you’re pregnant, the unfortunate truth is that many employers will consider your pregnancy and impending maternity leave to be inconvenient, and will end up hiring someone else,” Augustine says.

Start your job search early 

“If you’re job hunting while pregnant, it’s a good idea to get started early so that, during interviews, the spotlight stays on your candidacy, rather than your baby bump,” she says. Early preparation helps keep the focus on your qualifications and strengths.

Explore alternative opportunities

If waiting until after the baby’s born to find a new job isn’t an option, consider exploring alternative career paths. Contract work, freelance roles, and remote positions can offer flexibility and make it easier to navigate pregnancy while pursuing career goals. “If you start your job search in earnest and get the feeling that your baby bump is getting in the way of making progress, a short-term role might be worth considering,” Augustine says.

Look for parent-friendly workplaces

If you’re focused on long-term employment, seeking out parent-friendly employers can set the foundation for a better work-life balance. It’s wise to save discussions about maternity leave policies until later in the hiring process—ideally during compensation negotiations. This ensures the role aligns with your needs without making your pregnancy the central focus of the hiring decision.

This might help: 5 Tips On How To Find A Family-Friendly Employer

Bottom line

Losing a job during pregnancy can be overwhelming, but it’s also a chance to reclaim your confidence and chart a new course for your career. By understanding your rights, seeking emotional and professional support, and exploring new opportunities, you can turn this challenge into a stepping stone. 

You are not alone in this process—lean on your network, seek expert advice, and take one step at a time. Your career and well-being matter and this is just one chapter in your story.