Pregnancy discrimination is a serious issue that affects many women in the workforce. Despite laws such as the Pregnancy Discrimination Act, which prohibits discrimination against pregnant women in the workplace, many women still face discrimination and mistreatment during their pregnancies. One form of discrimination that pregnant women may face is layoffs.
Layoffs are a common occurrence in today’s workforce, and pregnant women are not immune to them. However, when a pregnant woman is laid off, it can be difficult to determine whether the layoff was due to her pregnancy or due to other factors such as company downsizing.
If a pregnant woman is laid off and believes that her pregnancy was the reason for the layoff, she may have a case for pregnancy discrimination. It is important for pregnant women to be aware of their rights and to speak up if they believe they have been discriminated against.
Courts will examine evidence to determine if a layoff was motivated by pregnancy. This can include circumstantial evidence such as a termination coinciding with maternity leave, managers inquiring about leave duration before a layoff, transferring job duties prior to leave, exclusion from trainings, and discussions about pregnancy during layoff decisions. See Moua v. IBM, 2019 U.S. Dist. LEXIS 48318.
If any of these facts present themselves for you or a coworker, they are worth discussing with potential legal counsel.