Phoenix Pregnancy Discrimination Attorney

Do you believe your employer terminated you because you are pregnant? Is your employer denying your request for a light-duty or other accommodation related to your pregnancy? Pregnancy discrimination is unlawful under federal and Arizona law. Employers are generally prohibited from making decisions relating to hiring, firing, pay, promotion, and other terms and conditions of employment based on (i) an employee’s pregnancy or (ii) an employee’s need for reasonable pregnancy-related accommodations.

If you believe you are the victim of pregnancy discrimination in the workplace, you should speak with an Arizona employment attorney to better understand your legal rights and ensure you are taking the appropriate steps to document evidence in support of your potential pregnancy discrimination claim.

FAQs About Pregnancy Discrimination

Can my employer fire me for being pregnant?

No. Employers generally cannot terminate you because of pregnancy, childbirth, or related medical conditions. But pregnancy does not protect you from termination for legitimate reasons, such as a genuine layoff or documented misconduct. The question is whether pregnancy was a factor in the decision.

How do I know if my termination was because of my pregnancy?

There is rarely a single clear sign. Most employers know it is illegal to discriminate based on pregnancy and will not admit that the employee’s pregnancy was the basis for termination. Common fact-patterns supporting an inference of discriminatory motive include:

  • Termination soon after you announced your pregnancy or requested accommodations;

  • A sudden shift from good reviews to criticism after you announced your pregnancy;

  • Comments about your commitment or availability;

  • Shifting explanations for the termination; and

  • Similarly-situated coworkers who were not pregnant being treated more favorably.

An attorney can evaluate all of the surrounding circumstances to determine whether there is sufficient evidence to suggest that your termination was a result of pregnancy discrimination.

Can my employer refuse to accommodate my pregnancy?

Covered employers must generally provide reasonable accommodations for known limitations related to pregnancy and childbirth, such as schedule changes, breaks, or temporary restrictions on lifting, unless the requested accommodation(s) would cause undue hardship.

There are some pregnancy accommodations for known pregnancy limitations that are generally assumed, under the law, to be required because they are unlikely to present an undue hardship, including:

  • Allowing the employee to carry and consume water, as needed;

  • Additional restroom breaks, as needed;

  • Allowing an employee to sit or stand, as needed: and

  • Additional breaks to eat and drink, as needed. 29 C.F.R. § 1636.3(j)(4).

Your rights depend on your employer’s size and your specific situation.

Employers also cannot retaliate against you for asking about or requesting pregnancy accommodations.

What if I was laid off shortly after telling my employer I was pregnant?

Timing alone does not make a layoff unlawful, but it can be important evidence. A legitimate layoff generally affects employees based on neutral criteria. It may be suspect if you were selected while similar employees were kept, or if the stated reason changes.

Does my employer have to give me maternity leave?

Maybe, but the length and nature of the leave (paid vs unpaid) varies and depends on your employer’s size and policies.

If you are eligible, the FMLA requires employers to provide up to 12 weeks of job-protected unpaid leave, and an employer's own policies may provide more. Eligibility depends on the employer’s size, the employee’s length of employment, and the number of hours worked in the 12 months preceding leave. If FMLA does not apply to you or your employer, the Pregnant Fair Workers Act (PWFA) requires covered employers to provide reasonable accommodations for pregnancy and childbirth, including leave to recover from childbirth when the leave will not present an undue hardship on the employer. 29 C.F.R. § 1636.3(i)(3), (j). PWFA coverage depends on the employer’s size.

Even though the applicable laws do not automatically require all employers to provide pay during an employee’s maternity leave, an employer’s own paid leave policies and/or an employer-sponsored disability plan may provide for continued income during an employee’s maternity leave.

How can I contact you to discuss my pregnancy-discrimination case?

You can request to speak with Haley Carr about your potential pregnancy-discrimination claim by submitting a Consult Request Form.