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Top Gender Discrimination Lawyer Reply: Can My Job Fire Me Because I Took Pregnancy Leave?

On Behalf of | May 15, 2014 | Pregnancy Discrimination & Maternity Rights, Wrongful Termination |

Best Ohio Pregnancy Discrimination Attorney Answer: Can my boss make an employment decision based on pregnancy? Do I have to notify my boss before taking leave for my pregnancy? Is it unlawful to fire my wife because of pregnancy complications? How do I find the best Ohio gender discrimination lawyers?

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Title VII of the Civil Rights Act of 1964, as amended by the The Pregnancy Discrimination Act (PDA), prohibits discrimination on the basis of pregnancy, childbirth, or any medical conditions affected by pregnancy. Under the PDA an employer cannot discriminate against pregnant, or recently pregnant, employees with regard to hiring, firing, promotions, layoffs, training, benefits, assignments, or any other term or condition of employment. As with other anti-discrimination employment laws, an employer cannot retaliate against an employee for complaining about or opposing pregnancy discrimination in the workplace. And, any employer that discriminates or retaliates against an employee because she is or was pregnant is discriminating based on gender. It seems deplorable that employers would discriminate against a pregnant woman, but employers’ often have no limits to their discriminatory behavior.

Take the pregnancy discrimination case of Rosie Nuno for example. Custom Built Personal Training out of Modesto, California hired Rosie as an assistant manager and physical trainer. Custom Built is no fly-by-night, one-off local gym. It is one of the largest and fastest growing personal training companies in the United States, partnering with with Max Fitness, InShape, and Gold’s Gym franchises. So, you would think that they should at least be aware of anti-discrimination employment laws. However, if their treatment of Rosie is any indication, they may have spent too much time hitting the weights and not enough time hitting the books.

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This was a wonderful job for Rosie, a working mother with a young daughter and another on the way. But, Rosie was experiencing complications due to her pregnancy. Her doctor told her to take time off work and provided her with doctor’s notes. Rosie diligently gave the notes to management and requested time off for medical leave. At this point, everything seemed fine, even Custom Built’s records demonstrate that Rosie was approved for leave.

Rosie had followed all the proper procedures. And then, Custom Built fired her. Their reasoning for terminating her? Rosie abandoned her job when she decided to take leave because she was pregnant. It sounds ridiculous, but this employer fired an employee for taking medical leave due to pregnancy complications—leave the employer had actually approved! Rather than help Rosie, Custom Built punished her for being pregnant. Looks like a clear case of wrongful termination to me.

Fortunately, Rosie had spent an equal amount of time at the library and the gym and knew her rights under the PDA. Rosie is now rightfully suing Custom Built for discriminating against her because she was pregnant. Hopefully Rosie’s story will have a happy ending and Custom Built will come out of the dark ages and admit they treated a working mother of two young children terribly. The only reason that outcome is possible is because Rosie fought back. Be like Rosie, if you think your employer is discriminating against you because you are pregnant contact an experienced employment discrimination attorney.

If you are facing discrimination or harassment simply because you are pregnant, protect your legal rights — call the right attorney. Employers cannot harass, fire, wrongfully terminate, discriminate against, demote, or wrongfully discipline a female employee just because she got pregnant. When you call the right attorney to schedule a free and confidential initial consultation at 866-797-6040, you will meet with an attorney from Spitz, The Employee’s Law Firm to discuss wrongful discrimination claims and help you determine the best way to pursue your gender/sex discrimination claims. Our pregnancy discrimination lawyers know your rights and will fight to protect them.


The materials available at the top of this page and on this employment law website are for informational purposes only and not for the purpose of providing legal advice. If you are still asking “What should I do …”, “I’m being discriminated against …”, or “How do I …”, your best option is to contact an Ohio attorney to obtain advice with respect to pregnancy discrimination questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of Spitz, The Employee’s Law Firm, Brian Spitz, or any individual attorney.

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