Wrongful Termination During Pregnancy
Pennsylvania and New Jersey Attorneys for Employees Fired or Laid Off During Pregnancy
Unfortunately, many people still do not understand the value of working mothers. Some people still believe that when a woman becomes pregnant, her days on the workforce are limited or she will become a burden. When an employer acts on that belief and terminates a woman based on pregnancy, that act constitutes illegal discrimination.
Philadelphia Attorney for Wrongful Termination Due to Pregnancy
If you’ve lost your job because you became pregnant or were laid off shortly after giving birth, you may have a claim for wrongful termination under federal, Pennsylvania, New Jersey and local anti-discrimination laws. A skilled Philadelphia wrongful termination lawyer from Console Mattiacci Law, LLC can help you recover, including both monetary damages and injunctive relief. Call us today at 215-545-7676 to schedule a consultation.
We represent women throughout the Philadelphia area, including but not limited to, Philadelphia, Chester County, Bucks County, Delaware County, Montgomery County and in New Jersey. We have offices in Center City and Moorestown, NJ.
Laws Against Wrongful Discrimination Due to Pregnancy
Every person in the Philadelphia area is covered by laws that prohibit negative employment action, including termination, on the basis of the employee being pregnant.
Federal law prohibits pregnancy discrimination in Title VII of the Civil Rights Act, as amended by the Pregnancy Discrimination Act of 1978 to specifically prohibit termination and other negative employment decisions based on childbirth and related medical conditions, such as gestational diabetes. Pregnancy is also a short-term disability covered by the Americans with Disabilities Act, and the federal Family and Medical Leave Act gives women to right to take leave to have a child.
Pregnancy discrimination is also covered by both the Pennsylvania Human Relations Act and the New Jersey Law Against Discrimination, allowing litigants to bring a complaint in state court. As of 2014, it is also banned by the Philadelphia Fair Practices Ordinance.
Excuses for Termination Due to Pregnancy
Some employers may be explicit about their intent when terminating a pregnant. Common reasoning is that a woman will be missing more work to take care of the child, or that she eventually leave to dedicate her life to motherhood. This is outright discrimination and is illegal.
However, pregnancy discrimination is often more subtle. For instance, the employer might say the worker is not performing well, or lay her off in a reduction in force decision.
If the employer says he or she is terminating a pregnant employee for a performance-related issue, she must prove that she was qualified for the job and performing according to expectations. She must show she was terminated in spite of this fact, and that employees who were not pregnant received more favorable treatment.
If laid off, the employee must show the employer knew she was pregnant, that she was performing her job satisfactorily and that similarly situated employees who were not pregnant were treated more favorably.
Console Mattiacci Law, LLC ǀ Philadelphia Pregnancy Discrimination Lawyers
If you are or were pregnant and was fired or laid off from your job, you may have a strong case that you were the victim of pregnancy discrimination. At Console Mattiacci Law, LLC, we represent expecting mothers wrongfully terminated. If you have been the victim of pregnancy discrimination, you may be able to recover monetary damages and seek injunctive relief that could restore your job.
A Philadelphia wrongful termination lawyer can help you obtain the recovery you deserve. Call us today at 215-545-7676 to schedule a consultation.