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Top Pregnancy Discrimination Attorney Reply: Can My Job Fire New Mothers?

| Sep 9, 2014 | Employment Discrimination, Gender Discrimination, pregnancy maternity rights, Wrongful Termination |

Best Ohio Gender Discrimination Attorney Answer: Do I have a pregnancy discrimination claim if my boss fires me after I give birth? Is rescinding a job offer after an employer learns I just gave birth unlawful pregnancy discrimination? How do I find the best wrongful termination lawyer in Ohio?

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As you have previously read in our pregnancy and maternity rights blog posts,pregnant women are protected under the law from their employer demoting, terminating or taking other action against them on the basis of their pregnancy. The Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, and Ohio Fair Employment Practice Law (Ohio R.C. § 4112.01et seq.) make discriminating against pregnant women unlawful form of gender discrimination. However, does that protection extend to after they have given birth? Further, does that protection apply to prevent an employer from rescinding a job offer as a result of a candidate recently having a child?

A recently filed pregnancy lawsuit against a Savi Technology, Inc., a Virginia company addresses this exact issue. The lawsuit alleges that Savi violated federal law when it rescinded a job offer based on the fact that the candidate recently had a child. Christine Rowe went through a telephone and in-person interview with Savi and did not disclose, as she was not required to, that she had recently given birth and had surgery related to the birth. Savi then offered Christine the Director of Human Resources position.

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The day after Savi made the offer to Christine, she disclosed to the Savi Vice President and General Counsel that she recently had given birth and had surgery. In what could safely be called one of the the most obvious instances of pregnancy discrimination, the Savi VP and General Counsel informed Christine the next day that Savi was rescinding her job offer. Not only does Title VII prohibit discrimination on the basis of pregnancy, but it also prohibits discrimination on the basis of childbirth or any related medical conditions. Ohio has also enacted laws that prohibit discrimination against new mothers.

Because many employers are under the impression that they can discriminate against new mothers without facing pregnancy discrimination, this particular lawsuit is significant since it involves discrimination against mothers of infants. When an employer learns that any employee is pregnant or just had a baby, it is plainly unlawful to fire that employee, or in this case, pull an offer or otherwise refuse to hire that woman. Thus, Savi is unable to hide behind the fact that Christine was not technically pregnant when they unlawfully rescinded its offer. Savi’s actions run afoul of pregnancy discrimination laws because those laws protect not only pregnant women, but also women who recently gave birth and have related medical conditions to the birth.

I suspect that a settlement will be forthcoming and our employment discrimination lawyers will monitor the situation.

If you are facing discrimination or harassment simply because you are pregnant, protect your legal rights — call the right attorney. Under federal and Ohio employment laws, 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 The Spitz 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.

Disclaimer:

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 The Spitz Law Firm, Brian Spitz, or any individual attorney.