Can a Pregnancy Discrimination Lawyer Help if You Were Fired While Pregnant?

June 14, 2026

Believe it or not, pregnant workers actually fear their employment status simply because they are, in fact, pregnant. Informing their work about their maternity status, requesting reasonable accommodations, or even preparing for maternity leave are the situations most pregnant employees fear. This is because these may result in them being fired or terminated from work.

Under Title VII, pregnancy discrimination is prohibited in the US. But if the worst has already taken place and your employer has already fired you, how can a pregnancy discrimination lawyer help with your concerns? From legal protections and signs of discrimination to how EEOC procedures work, this guide walks you through any pregnancy-related firing in the workplace.

Can a woman be fired for being pregnant?

Simply put, no. And doing so would be a discrimination against pregnant women in the workplace. Under the Pregnancy Discrimination Act, which is an amendment to Title VII of the Civil Rights Act, firing, demoting, or refusing to hire an employee because of her pregnancy is illegal. Under federal law, pregnant workers should still receive the same equal treatment as other employees in the workplace.

At the same time, you should also know that pregnancy does not give immunity to employees from being terminated. Under employment law, companies may still fire pregnant employees for legitimate reasons such as layoffs, poor work performance, misconduct, and position elimination.

So, what exactly is the difference between lawful and unlawful termination of pregnant workers? Before you look for pregnancy discrimination attorneys in Alabama, for instance, an important thing you have to know is that your employer’s motivation determines if your termination was legal or not. This will also come into play heavily during an EEOC discrimination investigation.

What is pregnancy discrimination?

Federal employment laws protecting pregnant workers establish what constitutes a form of workplace discrimination and what does not. As mentioned above, pregnancy discrimination means employees experiencing unfavorable treatment at work because of their pregnancy, childbirth, and other related medical conditions.

Here are a few examples of pregnancy discrimination at work:

Being fired after announcing a pregnancy
Being denied promotions
Losing work/career opportunities
Receiving harsher discipline than coworkers
Being forced to file for medical leave
Having hours reduced because of pregnancy

Additionally, employers or companies should allow pregnant workers to keep doing their job for as long as they are capable.

Pregnancy Discrimination vs. Retaliation

Pregnancy retaliation happens when an employer punishes the employee for reporting pregnancy discrimination or exercising their rights as pregnant workers, including requesting reasonable accommodations and taking maternity leave. Under employment law, this is illegal and should be reported as a separate case to the EEOC.

However, retaliation is subtle and rarely obvious. As an employee, you should know how to recognize the signs to protect yourself and possibly your co-workers. Here are a few warning signs to look out for:

Unexpected changes in treatment: Look out for sudden negative changes in the workplace, like out-of-place negative performance reviews, shift schedule changes, and even unexplained micromanaging behaviors that your superiors haven’t shown before.
Demotions and pay cuts: Employers or managers might take away a few of your job responsibilities or outright demote you. For instance, your supervisor takes clients off your list when you’ve handled those accounts for years. Additionally, being passed over for possible promotions is also a form of retaliation.
Exclusion: You might not get involved in planning, meetings, and other work-related tasks that you were a part of before.

What are the laws protecting pregnant workers?

Thankfully, there are various federal and state employment laws that protect employees against pregnancy discrimination and retaliation. Here are the most important ones:

The Pregnancy Discrimination Act (PDA)

This federal law amended Title VII in 1978. The PDA applies to employers with at least 15 employees and protects workers during hiring, firing, current employment, and through their benefits, medical leaves, and reasonable accommodations.

As mentioned earlier, the PDA is put in place to ensure that pregnant employees are equally treated at work or during the hiring process.

The Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act generally protects an employee’s right to reasonable accommodations related to pregnancy and childbirth. Pregnant workers are entitled to request adjustments or modifications at work, like additional restroom breaks, schedule changes, seating accommodations, and restrictions on lifting.

Under the PWFA, employers can’t ask pregnant workers to take paid or unpaid leaves if they can’t adjust to the reasonable accommodation requests.

Family and Medical Leave Act (FMLA)

Under the Family and Medical Leave Act (FMLA), pregnant employees can request leave intermittently for prenatal care, such as check-ups or ultrasounds. The FMLA also protects employees during their delivery and postpartum period. Lastly, the FMLA protects your position or role in the company.

After a pregnancy-related FMLA leave, employees should be able to come back to their original job or a similar position with the same pay and work benefits. And of course, the FMLA also protects workers from retaliation due to pregnancy-related leaves.

Americans with Disabilities Act (ADA)

Under the Americans with Disabilities Act (ADA), pregnant women’s rights in the workplace are not directly protected. However, the ADA does protect pregnant workers who may have disabilities related to their pregnancy.

Due to this, employers are expected to provide reasonable accommodations for the pregnancy-related disabilities an employee might have. Keep in mind, however, that the ADA does not consider pregnancy as a form of disability.

Signs your employer may have fired you because of pregnancy

These are not surefire ways of determining if your termination is due to pregnancy-related reasons. However, these may give you an idea if you have a possible pregnancy discrimination claim at hand:

Timing of the termination: Try to look out for suspicious timings. For example, you’re immediately fired after you’ve announced your pregnancy at work. Other similar situations are being fired shortly after requesting leave or a reasonable accommodation for pregnancy.
Sudden changes in treatment: This can come in the form of negative performance reviews that came out of nowhere. As mentioned above, increased scrutiny or intent micromanagement could be signs of pregnancy discrimination.
Discriminatory comments: Pay attention to remarks in your workplace that involve childcare concerns, pregnancy limitations, or maternity leave worries.
Different treatment than other employees: Under employment laws, pregnant employees should not be treated differently in the workplace. Look out for active comparisons of unfair or unjust treatment.

How to prove pregnancy discrimination

The two most important aspects of proof when it comes to pregnancy discrimination are evidence and a cohesive timeline. In terms of evidence, make sure to collect both direct and circumstantial evidence as much as possible.

For direct evidence, essential emails, text messages, and lawfully recorded statements are the main proof that you can gather. For circumstantial evidence, taking note of timing, inconsistent explanations, and unfair treatment might help with your claim.

Finally, building and documenting a cohesive and comprehensive timeline will also help you prove Pregnancy Discrimination in Alabama. Remember the important dates, such as the pregnancy announcement, when you made an accommodation request, and the termination date. Documenting the HR complaints and other disciplinary actions will also help a lot.

What evidence should you gather after being fired?

Employment documents are tangible evidence that can help your discrimination claim to the EEOC. The employee handbook, your performance reviews, disciplinary records, and termination notice are all important pieces of evidence.

Aside from the emails and work messages, you should also work on witness information. Consider discussing the observations you’ve noticed together with your co-worker/s and possibly ask them for witness statements as well.

Finally, any medical documentation or pregnancy-related records could help support your claim.

So, can a pregnancy discrimination lawyer help your case?

Yes. Pregnancy discrimination lawyers can help employees with their case, even after they’ve been terminated. First and foremost, employment attorneys analyze the facts and the evidence. They will evaluate whether or not you have a legal pregnancy-based discrimination claim. This is why the collection of important pieces of evidence should be one of your initial priorities.

Once an employment lawyer has confirmed that you have a possible claim, the next step is to identify which federal employment laws could apply to your defense. Your attorney can also help you determine the strongest pieces of evidence that can help with your pregnancy discrimination claim. Make sure to gather and preserve these proof to help your attorney build a good legal strategy for your case.

Your legal presentation can talk directly to your employer or HR and negotiate a good settlement for you. If this does not work, you can file a discrimination charge with the EEOC, and if you do have a legal claim, the EEOC will issue a Right-to-Sue Letter, which grants you the right to file a lawsuit against your employee.

Most discrimination claims, including pregnancy-related ones, do not proceed to court, however. Most claims end in the negotiation phase, where both the employee and employer reach a deal.

With discrimination claims, it’s very significant to factor in the filing deadline. Employees generally have a 180-day window to file with the EEOC from the day the pregnancy discrimination happened. This means you have to collect substantial evidence, and possibly get a pregnancy discrimination lawyer within this timeline. Legal counsel is by no means required when it comes to filing an EEOC charge, but employment attorneys can be of big help, especially if you’re not completely aware of your worker rights.

Getting terminated is not the end of the chapter

Yes, employees can still fight for their rights even after they’ve been terminated due to pregnancy. And yes, employment lawyers can help. Most attorneys and firms have free consultation services to help workers determine if they are, in fact, under a protected class of federal employment laws.

Employment attorneys like Kira Fonteneau can help employees understand their rights, preserve evidence, and act quickly on their legal claims. We can help you get started.