Comments on: Q&A: Termination for Getting Pregnant is Illegal http://www.calemployeerightsblog.com/2007/01/03/termination-for-getting-pregnant-is-illegal/ Employment Law Firm Blog Sat, 23 Jan 2010 18:19:10 -0700 http://wordpress.org/?v=2.8.6 hourly 1 By: Jeff http://www.calemployeerightsblog.com/2007/01/03/termination-for-getting-pregnant-is-illegal/comment-page-1/#comment-29159 Jeff Mon, 08 Jun 2009 19:35:51 +0000 http://www.calemployeerightsblog.com/2007/01/03/terminated-for-getting-pregnant/#comment-29159 Have been doing a significant amount of research on the following issue for a client, but cannot find any authority. Employee is let go when she is pregnant because the position was eliminated. She files charge of discrimination. In the interim, while the charge is pending, a few months later, company decides to re-establish position it had eliminated. Does company have to offer position to former employee who filed charge of discrimination? Thanks Have been doing a significant amount of research on the following issue for a client, but cannot find any authority. Employee is let go when she is pregnant because the position was eliminated. She files charge of discrimination. In the interim, while the charge is pending, a few months later, company decides to re-establish position it had eliminated. Does company have to offer position to former employee who filed charge of discrimination? Thanks

]]> By: MASH http://www.calemployeerightsblog.com/2007/01/03/termination-for-getting-pregnant-is-illegal/comment-page-1/#comment-28556 MASH Mon, 30 Mar 2009 07:40:59 +0000 http://www.calemployeerightsblog.com/2007/01/03/terminated-for-getting-pregnant/#comment-28556 IS THERE A LAW TO CLAIM AGAINST TERMINATION OF WORKING PREGNANT WOMAN QUOTING OTHER REASONS(APART FROM PREGNANCY REASONS) IS THERE A LAW TO CLAIM AGAINST TERMINATION OF WORKING PREGNANT WOMAN QUOTING OTHER REASONS(APART FROM PREGNANCY REASONS)

]]> By: Tehmina Mazher http://www.calemployeerightsblog.com/2007/01/03/termination-for-getting-pregnant-is-illegal/comment-page-1/#comment-21089 Tehmina Mazher Wed, 05 Mar 2008 18:15:26 +0000 http://www.calemployeerightsblog.com/2007/01/03/terminated-for-getting-pregnant/#comment-21089 Good Information. Good Information.

]]> By: James Peters http://www.calemployeerightsblog.com/2007/01/03/termination-for-getting-pregnant-is-illegal/comment-page-1/#comment-10477 James Peters Fri, 02 Nov 2007 19:18:43 +0000 http://www.calemployeerightsblog.com/2007/01/03/terminated-for-getting-pregnant/#comment-10477 While it depends on many facts and circumstances surrounding your wife's employment, 9 times out of 10 this would be an actionable (and good) case if your wife is pregnant and is terminated as a direct or indirect result of that fact. However, there may be an issue of retaliation for requests for less travel while "trying" to get pregnant (as opposed to while actually being pregnant). I don't believe there is any case law specifically dealing with discriminating against an employee who is trying to get pregnant, except if time off is needed for artificial insemination, etc. Please contact me directly if you have any further questions about your situation. While it depends on many facts and circumstances surrounding your wife's employment, 9 times out of 10 this would be an actionable (and good) case if your wife is pregnant and is terminated as a direct or indirect result of that fact.

However, there may be an issue of retaliation for requests for less travel while "trying" to get pregnant (as opposed to while actually being pregnant). I don't believe there is any case law specifically dealing with discriminating against an employee who is trying to get pregnant, except if time off is needed for artificial insemination, etc.

Please contact me directly if you have any further questions about your situation.

]]> By: LaLawGuy http://www.calemployeerightsblog.com/2007/01/03/termination-for-getting-pregnant-is-illegal/comment-page-1/#comment-10322 LaLawGuy Wed, 31 Oct 2007 21:57:55 +0000 http://www.calemployeerightsblog.com/2007/01/03/terminated-for-getting-pregnant/#comment-10322 My wife and I are discussing having a baby. However, her boss requires her to travel quite extensively, and she is concerned that all of this travel will be bad for her and/or the baby while she is pregnant. There are other people at her office who could travel instead of her, but her boss states that she because she is more qualified than anyone else, she should be the one to do the traveling. We are concerned that if she even tells her boss that she wants to ease up on the traveling so she can try to get pregnant, he will fire her. If that happened, would that termination be actionable? My wife and I are discussing having a baby. However, her boss requires her to travel quite extensively, and she is concerned that all of this travel will be bad for her and/or the baby while she is pregnant. There are other people at her office who could travel instead of her, but her boss states that she because she is more qualified than anyone else, she should be the one to do the traveling.

We are concerned that if she even tells her boss that she wants to ease up on the traveling so she can try to get pregnant, he will fire her. If that happened, would that termination be actionable?

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