Laid off while pregnant?

[dianagsars]

TX
I was laid off from my job with no notification. I am 6 months pregnant and have been a top performer for the past year and a half. I have no previous disciplinary actions against me and have more seniority than many of the people who were kept employed. I think part of the reason may be that I am pregnant and will need time off in the near future to care for a newborn. Is there anything I can do to at least keep my medical benefits? (other than COBRA coverage) Thanks for your help!

 

[pattytx]

The Pregnancy Discrimination Act requires that pregnant employees merely receive equal treatment, not special treatment.

Why did the employer say you were let go? Were any other employees laid off? Were you the only employee who did the type of work you did, or were there others; if others, were any of them laid off?

 

[cbg]

An employee cannot be selected for layoff BECAUSE she is pregnant; however, being pregnant is not a guarantee that she cannot/will not be laid off.

There are numerous factors that go into selecting who gets laid off; seniority is only one of them and it's not even the most important one unless contract or CBA specifically say it is. What EVIDENCE do you have that you would not have been selected for layoff if you were not pregnant?

 

[commentator]

Unless you are in a union which has contracts which specify such issues, an employer does not have to lay off by seniority or performance. They can quite legally skip through their workforce deciding who is laid off according to their decisions about productivity needs and the best interests of their business. Unless they actually say, "We are laying you off because you are a pregnant woman," it would be tough to have much proof that they are doing this.

Sign up for your unemployment insurance at once. Do not place any restrictions on your work availability due to the pregnancy, as you were working up till the company elected to lay you off. Because they have laid you off, you will not have any issues with being able to be approved, allowing you have monetary eligibility. The assistance that is available in your state that enables you to receive help with COBRA payments will be explained to you.

Each week, of course, to receive unemployment benefits, you will certify that you are able, available and able to work. Which leads to another issue. Did your employer indicate that this lay off was temporary, and they might recall you at a later date when business picks up, or did they tell you there was no possibility you would be recalled?
Either way is legal, you can still draw your unemployment either way, but if you are "job attached" you do not have to comply with job searches for other work.

Incidentally, if you are let go permanently, without any anticipation of recall, still feel free to participate in the job search activities recommended. They are not allowed to treat pregnancy as any sort of handicap, must refer you and allow you to draw benefits as if you were not pregnant (unless you yourself restrict your availability, which may keep you from getting benefits at all) but it is very difficult to find another job until you are no longer pregnant.