Can I Be Fired for Getting Pregnant?
Learning that you are expecting a child should generally be a happy experience. Unfortunately, many employees face fear instead of excitement when they learn they are having a child. They may be worried that they could be fired for getting pregnant.
In this blog post I will review the recent settlement in EEOC v. Dash Dream Plant, Inc., Case No. 1:16-cv-01395-DAD-EPG, a pregnancy discrimination lawsuit filed against floral wholesaler Dash Dream. I will review the federal laws that protect pregnant employees, and explain what women can do if they are fired for getting pregnant.
The Pregnancy Discrimination Act Protects Workers Expecting Children
Pregnant mothers have enough to worry about without adding discrimination at work. The Pregnancy Discrimination Act (PDA) applies all the protections of the federal Civil Rights Act to people facing discrimination for getting pregnant. Under the PDA, employers are prohibited from discriminating against applicants or employees who:
- Are pregnant
- Were pregnant
- Could or intend to become pregnant
- Have a medical condition related to pregnancy
- Consider or have an abortion
If your employer has 15 or more employees, the law protects you from being fired, passed over for promotion, given less desirable shifts or assignments, or forced to take leave. An employer can prevent you from doing a job that poses a significant safety risk to others due to your pregnancy, but it cannot remove you from a task or reassign you because the work would pose a risk to you or your baby.
Depending on the circumstances of their pregnancy, expectant mothers may also be entitled to accommodations under the Americans with Disabilities Act or unpaid leave under the Family Medical Leave Act.
Orchid Growers Fired for Getting Pregnant
The Equal Employment Opportunity Commission (EEOC) is responsible for investigating pregnancy discrimination claims. In September 2016, the EEOC filed a lawsuit against Dash Dream Plant, Inc., a company that grows orchids for retail and wholesale buyers in Dos Palos, California. According to its complaint, female employees at Dash Dream were instructed not to get pregnant at staff meetings. They were warned that if a female worker became pregnant, she should consider herself fired. The complaint also said that women who left to have their children were not reinstated or rehired after childbirth.
The EEOC said this was illegal pregnancy discrimination. After pre-litigation conciliation failed, the EEOC filed a a lawsuit in the U.S. District Court for the Eastern District of California. As litigation progressed, so did the settlement talks. On October 16, 2017, the EEOC announced that Dash Dream had agreed to a settlement and consent judgment. The order:
- Awarded $110,000 to two employees who had been fired for getting pregnant
- Appointed an external equal employment opportunity monitor at the company’s expense for five years
- Revised the employer’s policies and practices regarding pregnancy discrimination
- Created a centralized tracking system for discrimination complaints
- Required semi-annual progress reports
- Retrained employees and management personnel regarding pregnancy discrimination
Melissa Barrios, director of the EEOC’s Fresno Local Office, said in a statement:
“We are encouraged by Dash Dream’s acknowledgment of a woman’s fundamental right to have children, and not lose her livelihood for that choice. The changes that will be put in place as part of this settlement will benefit not only women, but the workforce as a whole.”
What to Do if You Are Fired for Getting Pregnant
Women and families have the right to have children without the fear of being fired for getting pregnant. But unfortunately, pregnancy discrimination still happens. If you have been fired or discriminated against because of your pregnancy, the employment discrimination attorneys at Eisenberg & Baum, LLP, can help. We can review your case and negotiate with your employer to get the accommodations you need without losing your job. If negotiations fail, we can help you file a complaint with the EEOC or in court. If you are facing pregnancy discrimination, contact us today to schedule a free consultation.