What to Do If You’re Fired or Demoted After Announcing Your Pregnancy

Finding out that you are pregnant can be among the most joyous times of your life, and sharing the news with your friends, family and co-workers can be a heartwarming and memorable experience. Unfortunately, for some employees, this experience turns out to be memorable for all the wrong reasons. If you have been fired or demoted after announcing your pregnancy, you have clear legal rights, and you will want to discuss your legal rights with an experienced Philadelphia pregnancy discrimination lawyer promptly.

Pregnancy Discrimination in the Workplace: What Expectant Parents Need to Know

Several laws prohibit employers in Pennsylvania from engaging in pregnancy-based discrimination. Pregnancy-based discrimination involves taking any adverse employment action based on an employee’s pregnancy, attempt or desire to become pregnant, terminated pregnancy, failed pregnancy, or childbirth. Adverse employment actions include not only firing and demotion, but also pay reduction, unfavorable job or location reassignment, and denial of benefits offered to other employees (including the ability to work from home).

For expectant parents in Philadelphia, the laws that provide protections against pregnancy-based discrimination are:

• Pregnancy Discrimination Act – The Pregnancy Discrimination Act is an amendment to Title VII of the federal Civil Rights Act of 1964. It clarifies that pregnancy discrimination is a form of prohibited sex-based discrimination under Title VII. The Pregnancy Discrimination Act applies to employers in Philadelphia that have 15 or more employees.
• Pennsylvania Human Relations Act – The Pennsylvania Human Relations Act also prohibits pregnancy discrimination as a form of sex-based discrimination. In describing what the law prohibits, the Pennsylvania Human Relations Commission (PHRC) specifically mentions, “[f]iring a person because they are pregnant. The Pennsylvania Human Relations Act applies to employers in Philadelphia that have four or more employees.
• Philadelphia Fair Practices Ordinance – The Philadelphia Fair Practices Ordinance prohibits pregnancy discrimination as a form of discrimination based on familial status. It specifically states, “[t]he protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant . . . .” The Philadelphia Fair Practices Ordinance applies to all employers regardless of size.

If you are a victim of pregnancy discrimination, whether you should file a claim under the Pregnancy Discrimination Act, Pennsylvania Human Relations Act or Philadelphia Fair Practices Ordinance depends on your individual circumstances. An experienced Philadelphia pregnancy discrimination lawyer will be able to help you understand your legal options and take appropriate legal action on your behalf.

Your Firing or Demotion Must Be Based on Your Pregnancy

A key aspect of each of the laws listed above is that they only provide protection against adverse employment actions based on an employee’s pregnancy. In other words, being pregnant does not protect you against being fired or demoted for non-pregnancy-related reasons.

With that said, in order to fire or demote you while you are pregnant, your employer’s decision must actually be based on other reasoning. If a purported reason for firing or demoting you is nothing more than a pretext for engaging in pregnancy-based discrimination, you are still a victim, and you are still entitled to appropriate remedies.  

Deciding What Remedies to Seek as a Victim of Pregnancy Discrimination

Victims of pregnancy discrimination are entitled to appropriate remedies under federal, state and local law. If you have been fired or demoted based on your pregnancy, one of the important decisions you will need to make is what remedy (or remedies) you want to seek. Broadly speaking, the options are:

• Reinstatement – If you have been fired or demoted based on your pregnancy, one option is to seek reinstatement. Of course, it is up to you whether you are still willing to work for a company that fired or demoted you in violation of your legal rights. If the individual who fired or demoted you has been removed or reassigned, or if the company has shown contrition for its mistake, this could be a viable option—but this is a decision that only you can make.
• Financial Compensation – Victims of pregnancy discrimination are also entitled to seek financial compensation. This includes appropriate compensation for back pay, front pay, and other economic and non-economic damages. If you were fired or demoted because of your pregnancy, you can seek financial compensation regardless of whether you also choose to seek reinstatement.
• Policy Changes and Other Equitable Remedies – Victims of pregnancy discrimination can also seek to effect change that prevents other pregnant workers from experiencing discrimination in the future. By seeking changes to your employer’s anti-discrimination policies, mandatory training or other equitable remedies, taking legal action can have a meaningful impact not only for you, but for others as well.

If you decide to seek reinstatement, you are also entitled to any reasonable accommodations you need based on your pregnancy (or childbirth). While your employer does not necessarily have to provide an accommodation that you specifically request, it must provide a reasonable accommodation as long as there are options available. Some examples of common accommodations for expectant and new parents include:

• Scheduling flexibility
• Workspace modifications
• A private space for lactation
• The ability to work from home
• Temporary reassignment to light duty

Failing to provide reasonable accommodations also violates employees’ rights—and, here too, various remedies may be available.

With all of this in mind, if you believe that you were fired or demoted because of your pregnancy, you should speak with a lawyer as soon as possible. At this stage, it is up to you to protect your legal rights, and the specific steps you need to take depend on the unique circumstances of your case. An experienced Philadelphia pregnancy discrimination lawyer will be able to advise and represent you every step of the way.

Schedule a Free Consultation with a Philadelphia Pregnancy Discrimination Lawyer at Murphy Law Group

Were you fired or demoted after announcing your pregnancy? If so, we encourage you to contact us promptly for a free consultation. To speak with an experienced Philadelphia pregnancy discrimination lawyer in confidence, please call 267-273-1054 or tell us how we can help online today.