I am 7 months pregnant and may be getting laid off. What are my rights?

UPDATED: Jan 3, 2019

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I am 7 months pregnant and may be getting laid off. What are my rights?

I have worked for company for 15 months and have been furloughed for the past
30 days.

Asked on January 3, 2019 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on why you are being furloughed and laid off. The law says that you cannot be discriminated against at work--including being furloughed or laid off--because you are pregant. But it does not protect you from furloughs or lay offs due to non-pregancy-related reasons, such as restructuring, reductions in force, loss of projects, clients, or funding, closing an office or location, or due to provable job issues of you personally (poor performance, insubordination absenteeism or chronic lateness, etc.). 
If there is a non-pregnancy reason for this, it is legal. If there is not, however, this may be illegal discrimination (e.g. disability-based discrimination; pregnancy is considered a disability for this purpose) and you should contact your state's equal/civil rights agency or the federal EEOC about filing a complaint.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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