Can I be “released” from a position due to pregnancy?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I be “released” from a position due to pregnancy?

I am a costume designer who, for the past 4 years, has worked at a school in NYC. I design 4 shows a year for this school. This fall, after informing them I was pregnant, we agreed upon a plan to follow as I neared my due date. The plan was that I would over hire an assistant from my own wages and that person would take over for the final week of the project. I would then return for the third and fourth projects. A few weeks before project #2 began, my boss “released” me from job #3 saying I was “naive about the demands of pregnancy since I had never had a child before”. I have not been unable to do my job. I did not ask for a leave.

Asked on February 3, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You should speak with an employment law attorney: you may have a case for illegal discrimination. The law prohibits discriminating against women on the basis of pregnancy. If you could not do the job, that would be one thing--it is not discrimination to terminate the employment of someone who cannot work; the law does not make employers retain or pay people who cannot or do not work. But if you were able to do the work or job as agreed with the employer, then the employer taking action against you could be illegal discrimination.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption