Is it legal for me to fire an employee who is pregnant?

Firing an employee BECAUSE she is pregnant is NOT legal. If you want to fire an employee because of her all around job performance and she just  happens to be pregnant, that is a different story. It is important to keep records of poor performance and complaints against this particular employee to show that their work is an ongoing problem since before the pregnancy was announced. Employees can turn around and say that you are discriminating against them because they are pregnant, if you have no history of issues filed against them.

If your employee is able to complete most her job functions on time, such as before, firing them because they are pregnant can prove to be a big problem. Still, under most circumstances it is the responsibility of the employer to reasonably accommodate the employee while pregnant. This may include giving the worker more breaks to rest or switching to less physical tasks.

Being accused of pregnancy discrimination is not a joke. Last year over 5,000 charges were filed claiming pregnancy discrimination and often ended in hefty lawsuits. If you are being accused of pregnancy discrimination in the workplace, or think you have been discriminated against while pregnant, call the Law Office of Inna Fershteyn to set up a consultation. 

Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Avenue, 4 FL
Brooklyn, NY 11235
(718) 333-2394
www.BrooklynTrustAndWill.com