Pregnant and Fired? The Deceptive Tactics Employers Use to Hide Discrimination

Pregnancy discrimination lawyers Beverly Hills Helmer Friedman LLP.

Imagine this scenario. You’re excelling at your job, hitting your performance targets, and receiving positive feedback from your boss. Then, one day, you announce you’re pregnant. Suddenly, subtle shifts start happening—projects reassigned, responsibilities reduced, and weekly one-on-ones morph into detailed critiques of your “sudden dip” in performance. Weeks later, you’re called into a meeting and handed a termination letter. The documented reason? Performance issues.

This chilling pattern is a reality for many pregnant workers today, and new cases are highlighting the deceptive lengths employers will go to justify such discriminatory actions. Below, we’ll dig into specific cases involving wrongful termination due to pregnancy, explore the legal measures in place, and outline what you, as a worker, should know.

Performance Pretext and the Role of Exculpatory Paper Trails

Pregnancy discrimination is not new. While the Pregnancy Discrimination Act of 1978 (PDA) explicitly prohibits employers from firing or discriminating against workers based on pregnancy, some employers bypass the law by masking their biases under the guise of performance-based terminations. Central to their strategy is the creation of exculpatory paper trails—detailed documentation designed to preemptively justify termination and absolve the employer of discrimination claims in court.

For pregnant workers, this translates to hyper-scrutinization and the sudden creation of a “record” to support claims of underperformance. These paper trails can paint a damning picture that often does not reflect the reality of the employee’s contributions, trying to make it difficult for workers to prove their termination was rooted in discrimination.

Case Spotlights

Mathew v. Santander Consumer USA, Inc.

Reena Mathew, a high-performing employee at Santander Consumer USA, claimed she was targeted after announcing her pregnancy. Her once-positive performance reviews allegedly became alarmingly negative. Santander created a paper trail documenting numerous “performance shortcomings” leading up to her termination. Mathew pushed back, asserting that this was contrived to mask the true motive—her pregnancy. The court sided with Mathew, uncovering glaring inconsistencies in the employer’s claims.

Wyatt v. Publix Super Markets, Inc.

A similar narrative unfolded in Wyatt v. Publix. When Tiffany Wyatt informed her supervisors of her pregnancy, the quality of her performance reviews plummeted inexplicably. Publix claimed declining performance justified her firing. Wyatt, however, provided evidence highlighting the timing of her termination, linking it directly to her due date; Publix fired her, purportedly for completing work without being logged in, although it allegedly never told her this was a problem and didn’t discipline similarly situated workers who weren’t pregnant, the complaint stated.

Zarak v. Netflix

Netflix, often celebrated for its workplace progressivism, faced scrutiny when employee Tania Zarak alleged pregnancy discrimination. She claimed that after disclosing her pregnancy, her team began excluding her from meetings and criticizing minor details of her work that had never been an issue before. Zarak was fired after her boss, Francisco Ramos, became aware of her plans to take maternity leave. According to Zarak, he first pressured her to resign, suggesting that they could negotiate some form of payment or insurance arrangement to facilitate her departure.

The case serves as a troubling example of how even companies with progressive reputations are not immune to engaging in discriminatory practices.

The Legal Lens on Pregnancy Discrimination

These cases underscore the critical role of the Pregnancy Discrimination Act (PDA) and other workplace protections embedded in Title VII of the Civil Rights Act, including the Pregnancy Workers Fairness Act, which requires employers to provide reasonable accommodations. While these laws are clear in their intent, proving a violation can sometimes seem a Herculean task.

Burden of Proof

In discrimination cases, employees must present strong evidence showing that adverse actions, like termination, were directly related to pregnancy. Employers often rely on their documentation—such as performance reviews—to argue that terminations were lawful. However, attorneys play a critical role in uncovering inconsistencies in this documentation to reveal the true reason for termination.

For instance, when an employee with a history of positive performance reviews is suddenly terminated for alleged performance issues, attorneys can investigate whether these justifications hold up. They look for signs of uneven application of performance standards, biased evaluation metrics, or abrupt changes in feedback patterns. By examining the timing, context, and motives behind these documents, attorneys can expose discrepancies that suggest the termination was actually related to pregnancy. This deeper analysis often uncovers a more troubling reality that contradicts the employer’s stated reasons for termination.

Remedies for Unlawful Termination

If an employee successfully proves discrimination, remedies can include:

  • Back Pay: Compensation for lost wages from the date of firing to the resolution of the case.
  • Reinstatement: Returning to their position (if feasible).
  • Compensatory and Punitive Damages: For emotional distress and to punish unlawful conduct.

Some states also have additional worker protection laws that grant expanded remedies or impose stricter penalties on violators.

Empowering Pregnant Workers

The reality of pregnancy discrimination is daunting, but workers aren’t powerless. Here’s how you can protect yourself if you feel targeted at your workplace:

  1. Document Everything

Keep thorough records of interactions with your employer, including emails, performance reviews, and informal feedback. This can help build your case if discrimination occurs.

  1. Understand Your Rights

Familiarize yourself with the Pregnancy Discrimination Act of 1978 and related state laws to ensure you know what protections you’re entitled to.

  1. Seek Legal Advice

Don’t wait until things escalate. Consulting an employment attorney early can help you understand your options and prepare a strategic response to discriminatory treatment.

Concluding Thoughts

The systemic nature of pregnancy discrimination reflects broader inequities in the workplace. While many companies hide behind performance claims, exposing these lies and ensuring accountability is possible—and crucial for fostering a just labor landscape.

If you’re facing termination or other adverse actions at work after announcing your pregnancy, know that you’re not alone. Seek support, lean on credible legal resources, and consider shining a light on the injustices you’re experiencing. Empowering pregnant workers is key to dismantling these pretexts and building a fairer workplace for all.

Protecting Pregnant Workers: A Close Look at the Laws and the Realities on Ground

Pregnancy discrimination accommodations.

Imagine landing a new job, attending the first training day, and then receiving the distressing news that “there might be something wrong with my daughter’s heart.” You are looking to seek immediate medical attention for your unborn child, but instead of understanding or empathy from your new employer, your job offer is rescinded. This is not fiction; it is a story that unfortunately unfolded for a sales consultant at Victra’s Dayton, Nevada, store.

Victra, a nationwide retailer of Verizon mobile devices, has been sued for alleged violations of the Civil Rights Act of 1964 under Title VII and the Americans with Disabilities Act (ADA). Before we delve into the details of the lawsuit, it’s pivotal to understand the laws that protect pregnant workers.

The Americans with Disabilities Act passed in 1990, prohibits discrimination against a qualified individual because of a pregnancy-related impairment that an employer regards as a disability. It paved the way for heightened awareness and protection for people with disabilities, including those related to pregnancy, ensuring their right to equal employment opportunities.

More recently, on June 27, 2023, the Pregnant Workers Fairness Act (PWFA) went into effect, providing additional protections for pregnant workers. The PWFA requires employers to provide pregnant workers with equal opportunities and flexibility as they do for other applicants or employees.

These laws aim to put a stop to discrimination against pregnant employees or applicants who may need immediate and emergency care related to pregnancy. Yet, the Victra case reminds us that these unfair practices still exist. The plaintiff in this lawsuit was denied the right to leave training for urgent prenatal care and lost her job as a result.

The sad reality is that pregnant workers should never have to choose between keeping their jobs or seeking urgent prenatal care to protect the health of both parent and child. Losing the ability to earn income during such a critical time is challenging and disheartening. Thankfully, entities like EEOC are there to defend the rights of pregnant applicants and employees against employment discrimination.

If you have experienced pregnancy-related discrimination, remember that you are not alone. There are laws designed to protect you and legal professionals available to help you navigate these daunting situations. An experienced employment law attorney can guide you through the legal processes, ensuring your rights are protected and justice is served. It’s crucial not to let discriminatory behavior go unchallenged. Stand up against it because each voice contributes to a louder call for equality, fairness, and justice in the workplace.