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Is it hard to prove discrimination on the basis of being fired after informing my employer of being pregnant?

Yonkers, NY |

One month ago my role at my company was increased as I was doing an excellent job according to my reviews with my immediate supervisor. I was submitted for a annual raise on my 1 year anniversary with the company which is due in August. I get constant feedback everyday from other managers etc about performance and all was well. Two weeks ago i fell ill with severe morning sickness and found out that I was pregnant. I immediately told my supervisor of my situation. This did not impact my job performance as I was given medication to reduce my symptoms so i can return to regular duties. This morning I was laid off immediately due to "budget cuts". Would this case be hard to prove discrimination- i honestly believe the reason for my termination is the fact that I became pregnant

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Attorney answers 6


I suggest you speak with an attorney who handles employment law cases.

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You should consult in person with an employment lawyer. The facts as you describe sound suspicious.

My answers to questions posted on AVVO are intended to provide general information only, and are not intended to be legal advice. Employment law issues typically require a careful case-by-case analysis. Consequently, if you feel that you need legal advice, I would encourage you to consult in person with an employment attorney in your area.


I have handled several similar cases. The circumstances certainly make out a circumstantial case of Pregnancy discrimination. Hopefully your prior reviews and positive feedback are in writing and you have a copy. To defeat a claim the Employer would need to come forward and show that it had made the decision for legitimate and non-discriminatory reasons. Given the bad timing, the only way I can really see this occurring is if they can show internal emails or communications, which pre-date your pregnancy announcement, and which show the intent to lay you off for budgetary reasons.

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The facts you have described seem to suggest pregnancy discrimination, but it largely depends on whether the company will be able to prove it really had another reason to terminate your employment. Even if the company is making budget cuts, it cannot chose to eliminate your job based on the fact that you are pregnant. But I highly recommend you talk to an employment lawyer who can more fully evaluate your potential case.

My answer is based on the limited information provided in the question, and should not be considered legal advice. If you are looking for legal advice, you should contact an employment attorney. The Nirenberg Law Firm, LLC represents employees in New Jersey and New York. Please feel free to call us at (201) 487-2700.


It is certainly peculiar that you would lose your job after announcing that you were pregnant. It would be important to know other details such as whether anyone else was laid off due to "budget cuts". Details are very important in these types of claims. You should contact an employment discrimination attorney to discuss your possible claim.


How many others were laid off as well?

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Hi Christine, I spoke to someone at the office and so far I'm the only person released from the corporate office. She isn't sure if they laid off people from the branch offices.