Layoffs and Pregnancy Discrimination
Can you lay off a pregnant employee or an employee on maternity leave without being guilty of pregnancy or sex discrimination? Of course. As long as you don’t use pregnancy as a factor in making the decision, you’ve done nothing unlawful. According to the New York Times, however, there’s growing suspicion that employers are using the economy as a cover for pregnancy discrimination.
Honest employers will admit that, even when economic times are good, having a pregnant employee or allowing an employee to take maternity leave is an inconvenience. Pregnant employees miss more work, and when on maternity leave, they’re doing no work at all. The fact remains that the Pregnancy Discrimination Act (part of Title VII of the Civil Rights Act of 1964) makes pregnancy discrimination unlawful.
In an economy like the present one when layoffs abound, pregnancy discrimination cases are tough. Several people — perhaps several hundred — are laid off. Proving a pregnant employee was singled out is difficult.
In 2008, pregnancy-based discrimination charges filed with the Equal Employment Opportunity Commission increased almost 50% from a decade earlier. It’s expected that number will go higher this year, and the EEOC is encouraging pregnant employees who are laid off to seek legal advice.
I’ve always viewed pregnancy discrimination cases as somewhat dangerous. Juries don’t like employers being mean to pregnant employees. It’s part of the motherhood and apple pie sympathy factor. The economy has turned everything on its head, and maybe pregnancy has been turned on its head as well. Besides, getting a case to a jury is problematic when a layoff is involved. It’s still possible, though, so employers should make sure their layoffs aren’t disproportionately impacting pregnant employees. Giving mothers-to-be pink slips instead of baby showers just won’t seem right to most people on a jury.
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About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
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While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
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Hi my name is Stacy and I have recently been laid off (end of July) from work. I had just told my employer I was expecting in March and had Human resources fill out my form need to submit to Medicaid since insurance from my company was a far way off. The thing is I was just hired at the beginning of June and had resigned properly from my most recent employer. My general manager had ask (when I came in to see the outlook on being put on the schedule at least for one shift) if I was still able to perform all my duties and he had only care and concerns for my health while being pregnant. I said of course I would be able to. See, I’m a bartender and of course that entails a higher physical level of job performance. I know all of the staff had hours cut, but I was completely cut, leaving me with absolutely no income and forcing me to file for unemployment. What can I do in the state of Nevada to push the issue of discrimination? I find it hard to believe they hire a month before making major cuts and that time frame I announce I’m pregnant. Help!!
You can call the office of the Equal Employment Opportunity Commission to set up an appointment with an Intake Officer. The Las Vegas office is located at 333 Las Vegas Blvd. South, Suite 8112, Las Vegas, NV 89101. The telephone number is 1-800-669-4000.
There may also be a Legal Aid office or Lawyer Referral Service you can call.
Hi
I have just been laid off and am due in 10 weeks. The company is a small company based out of Maryland and I work remotely out of Florida. They did eliminate their division, which comprised of a few other people. I am due in 10 weeks, so there is no chance of me finding a new job and I will no longer be eligible for any short term disability pay. I have only been given one week of serverance. Do I have any legal course?
I don’t know. I’m assuming that your former employer isn’t large enough to be covered by COBRA, although I may be wrong, since an employer only needs 20 employees for COBRA to apply. If your former employer has 20 or more employees and you’ve been covered by a health insurance plan sponsored by the employer, you could be entitled to COBRA continuration coverage. You would be required to pay the premium for the coverage. I’m not familiar with the laws in Maryland and Florida enough to know whether there might be a state law that could apply to your situation. I would call your local bar association and see if it has some type of lawyer referral service that can connect you with a lawyer who has expertise in this kind of thing. There may also be a Legal Aid organization where you’re located that could be of some help.
Kristen
shores_of_destiny@yahoo.com | 66.62.194.224
Hi, I had my baby in May of last year. My employer forced me to take maternity leave the beginning of april stating that I would be fired if I were working and something happened to the baby, I was having minor gall bladder issues, hardly anything to worry about. So, I got medical documentation, and went on my way, when I returned to talk to him in June (8 weeks after I started maternity leave) He said that he didn’t have a position open and I’d have to wait. I gave him my phone number and went on my way. I have called and left my number again numerous times, and gone in a few times. I found out from one of my co-workers a few weeks ago that he has since hired new employees, AND allowed two employees on leave (one pregnancy, and one surgery) to return to work. What can I do??
From Layoffs and Pregnancy Discrimination, 2010/02/06 at 7:51 AM
John Phillips
JPhillips@millermartin.com | 71.226.180.212
You can see a lawyer. If you don’t know one, call the local bar association and see if it has a lawyer referral service. You could also contact the Equal Employment Opportunity Commission. You can go on the EEOC’s website and obtain contact information for an office near you.
From Layoffs and Pregnancy Discrimination, 2010/02/06 at 10:01 AM