Can my employer fire me for being pregnant?

Question

I have a great job that I love. I have been here for three months and have been told I'm performing very well. However, after taking three pregnancy tests all with positive results I am concerned about how to tell my boss. He's a decent man, but I am worried about his reaction when he assumes my performance will suffer. He is the type of person to make those judgements. For instance, he discriminated against my age when he found out I'm 20 and not 24. He did this by saying that if he'd have known my age prior to hiring me, he wouldn't have. I was reeling in shock to hear such a thing! I know employers discriminate, but it's very hard to prove it in an interview, however, I am wondering if he would be able to fire me? I found this link... http://labor-employment-law.lawyers.com/human-resources-law/Pregnant-Employees.html

He doesn't have any children of his own, nor is he married. He is very strict about tardiness and seems to favor the women in the office who do have children. Example: They are allowed to have problems, and the other younger girl and I are not. We assume this because he asked her upon hiring if she had children. He said sometimes when you have children things can get crazy, but he was flexible enough to let you take care of them.

He complained to a coworker yesterday about my tardiness... I was at home with morning sickness. I have not told him yet.

I didn't LIE on my application. By LAW age is not allowed to be judged upon during an interview process. Yes 18+ 21+ is something. I work in an office, I have experience, I can do my job. It shouldn't matter that I haven't graduated college or had kids yet.

Why shouldn't I be fired? Let's see... I don't take lunches, I stay late, and VERY rarely and I tardy! I just found out yesterday morning I was sick!

Once again, I didn't lie on an application. I gave him a resume! Even if I filled out an application, it is illegal to ask for a DOB! It's illegal to ask my age!

He assumed I was 23 or 24. I told him later I was 20 when he mentioned going out for drinks during lunch.

Answer 1

By law, you do not need to inform him yet of this pregnancy. You have not even seen the doctor yet.

However, it sounds like he is wishy washy. For example, you said he accepts things from mothers that he doesn't from others.

So what are you worried about? From the sounds of things it may be better off when you tell him - he may be understanding about the morning sickness thing.

Also, you should see a Dr. asap - he/she may be able to give you something to help with the morning sickness and thus allow you to avoid that part of your "illness"

Keep in mind that he is going to find out at some point. Therefore, you are better off letting him know sooner rather than later.

Answer 2

Do not tell your employer. And do everything in your power not to miss any more time. Though you cannot be fired for being pregnant, if the employer would fire any other new employee for missing time, he can fire you for missing time. This is what the law says:

"women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment related purposes . . . as other persons not so affected but similar in their ability or inability to work."

So, if your employer would fire any other employee (with only three months on the job) who starts coming in late (or needing time off for doctor's appointments, etc.)--and based on your description, I suspect he would--the Pregnancy Discrimination Act will not prohibit him from firing you.

If you tell your employer about the pregnancy, the natural assumption is that you are telling it because you need something: time off, pregnancy related accommodations, etc. Why else would you tell the employer? You have no legal obligation to tell. Moreover, your employer will assume that in 9 months or less it's going to have an employee out for anywhere from 2 weeks to forever.

Just continue to show up and do the best job you can. That's all you can do. I responded to another similar question from a pregnant woman who was applying for a job. It's a bit more in depth and covers some important points, like how to handle pregnancy related restrictions. You might want to check out my other response.

And, by the way, there is actually nothing illegal about asking your age or failing to hire you because of your youth. At least not at the federal level and I'm not aware of any state law that is different.

Answer 3

You need to tell him. The law is that you cannot be fired because of pregnancy, no one can discriminate because of age, just because you might get married and leave. However, they do all the time, they just have to use another excuse, like you are not performing on the job. This is why you must tell him. They are also required to give women maternity leave for a number of days.

However, if you lied on your application about your age, that is not a good. He can use that against you, if he wants, but as he already hired you, and it doesn't seem like he's going to fire you for that, I wouldn't worry. Still, never never lie on an app. Do not lie about your condition just because you are worried. This is why he complained and he had a right to.

Answer 4

Your employeer cannot fire you if he finds out that you are pregnant, but if he is going to be looking for a reason to fire you, dont give him one. You have no legal responsibilities to tell him that you are pregnant. He does not have to know up until you make arrangements to go on maternity leave. However, not telling him can cause tension in the office. If you have only been there for 3 months I would wait on telling him until the 3 month mark. That is socially acceptable. If you can keep your attendance up and continue to be a stellar employee, if he does fire you after you have told him about the pregnancy, it will be an easier fight. Also, if he fires you before you have been officially there for 3 months, you will have a harder time filing for unemployment. It basically boils down to your relationship with him and your gut instincts.

Answer 5

It is your responsibility to make sure you are at work on time. The pregnancy is a personal problem that shouldn't be allowed to interfere with your work life. If you don't think you can do the job anymore, then turn your two weeks notice in. You can't be fired for being pregnant, but you can be fired for being tardy to many times no matter what the excuse is.

Answer 6

You said, "he assumes my performance will suffer," then you said, "He complained to a coworker yesterday about my tardiness... I was at home with morning sickness." With those facts, it really isn't hard to be "the type of person to make those judgements." If you're not doing the job you were hired to do, why shouldn't you be fired?

Answer 7

1. You have already lied to him about your age. That's a problem. You can definitely be fired for lying on your application or resume.
2. There's maternity leave. Do you have enough sick leave to cover it? You can be fired for not showing up to work if you don't have sick leave - this is for when you have the baby.
3. You don't have to tell your boss you're pregnant. However it would be nice to give him some time to figure out how to cover for you when you're out on maternity leave. The problem is you probably don't have enough leave. consider leave without pay.
4. not coming to work is very reasonable grounds for being fired. being fired because you are late is not the same as being fired for being pregnant. get to work on time.

Answer 8

Under the EOE act you can not be fired for being pregnant it is discrimination, firing a women on an assumption won't hold up in court. The only clause in this law is if your work area is hazardes to the unborn child like working in a chemical plant. He then must have proof of this potetial hazard!

Answer 9

Except in very specific circumstances he can not fire you for being pregnant.

It is however legal to not hire someone because they are in the mind of the employer too young. The only protected group by age are workers over 40. He could fire you for the lie on your application.

Answer 10

I would seriously wait a few months before you tell him. Some companies have a "probation" period (usually 3 months) before they consider you a permanent employee. Besides (and of course nobody ever hopes for this), but something like 20-30% of all conceptions end up as miscarriages. Regardless, they can't fire you for being pregnant.