(860) 522-8888



(203) 691-6491



(413) 785-1400



(413) 341-3639
Skip to Main Content

Termination After Birth of Baby

Can my employer fire me after I deliver my baby?

Probably not. 
The Pregnancy Discrimination Act provides that “women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes … as other persons not so affected but similar in their ability or inability to work.” 
Schick Manufacturing thought that it was okay to fire a woman during her pregnancy leave, but after she gave birth.  Schick’s attorneys argued that it was not a violation of the PDA because she was not pregnant any more at the time of the discharge.  United States District Judge Mark Kravitz rejected this argument, observing that the act applies to “women affected by pregnancy, childbirth, or related medical conditions,” not merely women who are pregnant.”  He denied the defendant’s motion for summary judgment.
We wish Ms. Canales good luck at trial.  (See Canales v. Schick Manufacturing, Inc., 3:09 cv 253 (MRK)).