Getting Fired Because of High Risk Pregnancy

How Realistic is Getting Fired Because of High Risk Pregnancy

Getting fired due to any pregnancy issue, including a high risk pregnancy or extended maternity leave, is a tricky situation. The reality of your rights depends on various factors. Technically, it is illegal via the Civil Rights Act of 1964 to fire someone for simply having a high risk pregnancy. This is called pregnancy discrimination, but it can be a hard case to prove so, realistically, not all women are well protected from pregnancy discrimination. In fact, most research says that pregnancy discrimination is growing, not slowing.

The national Family and Medical Leave Act (FMLA) does offer some legal protection to mothers and families experiencing a high risk pregnancy, but not all companies must follow FMLA. In order to be protected by FMLA, your company must fall under some specific employee guidelines.

More on the basics of FMLA protection and coverage is discussed in the article How to Get Out on Maternity Leave Early.

What Are Your Options if You’re Fired Because of High Risk Pregnancy

Getting fired because of high risk pregnancy can cause you stress and financial problems, but luckily there are organizations that can help you. Many of these organizations are worth talking to even if you’re not sure if you have a clear cut case of pregnancy discrimination. Some employers commit pregnancy discrimination but disguise it behind other reasons, such as saying you’re not meeting your job requirements or that they’re downsizing.

The bottom line - if you’re not sure why you were fired but suspect pregnancy discrimination, it never hurts to discuss the situation with a knowledgeable organization or individual. The following resources may be able to help you:

• Know Your Rights: Pregnancy Discrimination Guide: This guide will open in pdf, but it’s a great, easy to read guide from the National Partnership for Women & Families. You can also search the Partnership’s pregnancy discrimination guide library for more information.
• If you have a family lawyer, you can contact him or her for legal advice. You can also contact a new attorney, just make sure there are no up-front fees (most basic consultations are free) and be sure that they’ve worked on pregnancy discrimination cases before.
• Contact a representative from the U.S. Equal Employment Opportunity Commission (EEOC). You can also browse the EEOC pregnancy discrimination resource page, which will inform you of basic facts and tell you how to file a complaint against an employer. .
• Contact the U.S. Commission on Civil Rights' complaint referral service. This service cannot advise you about a specific case but they will refer you to the appropriate place to file a complaint about having your rights disregarded.

Take Charge of Your Pregnancy Employment Situation

If you’re concerned about getting fired because of high risk pregnancy, your best bet is to be very educated on all topics related to pregnancy maternity leave laws and workplace rights. Knowing if you’re covered by FMLA is a good start. You should also be aware of state laws surrounding pregnancy leave and discrimination and know your rights and maternity benefits as noted in your company procedure guidebook.

Another important task is to make sure you and your prenatal provider document everything. If your pregnancy is high risk, your doctor or midwife should provide clear documentation of the risks associated with your pregnancy and any special precautions you should take, including maternity leave recommendations. You need to make copies of all documents and then provide a copy to your employer or your company’s human resource department.

Further Resources

Additional articles and resources that can help you include the following:

• Help for Pregnant Moms Who Can’t Work and Need Money
• Maternity Leave, Disability, and Unemployment
• The FMLA: Understanding The Family And Medical Leave Act: A very handy book, and less expensive than most FMLA texts.