I'm an employment lawyer. If you've been fired after taking maternity leave, you may be a discrimination victim.

• Rachel Berlin Benjamin is a partner at Beal Sutherland Berlin & Brown. 
• She's helped pregnant people navigate discrimination laws.
• She recommends people contact a lawyer if they suspect they are being discriminated. 

This as-told-to essay is based on a conversation with Rachel Berlin Benjamin. It has been edited for length and clarity.

I’m a plaintiff’s employment attorney, or someone who specializes in workers’ rights. I help employees who have been discriminated against in the workplace by pursuing claims of discrimination or retaliation and receiving the payments they may be entitled to if they have legal claims. I’ve helped people across all industries and jobs who have experienced unlawful discrimination, retaliation, or sexual harassment. 

As a victim advocate and a mom of two, I’ve been able to help dozens of pregnant people who have been unfairly treated in the workplace. As many industries undergo layoffs, here are some things to keep in mind. 

If you’re fired after getting pregnant or taking maternity leave, you might be the victim of discrimination

The experience of being let go while pregnant or shortly after giving birth is surely an emotional and stressful time, but it’s important to know your rights.

Pregnancy alone cannot be grounds for termination. If an employer demotes, fires, fails to accommodate, or mistreats someone solely because they are pregnant, then that likely violates the Pregnancy Discrimination Act, Title VII of the Civil Rights Act, and or the newly enacted Pregnant Workers Fairness Act. These important federal laws help protect women and pregnant employees in the workplace, but they will only apply if the employer has at least 15 employees. 

Title VII and the Pregnancy Discrimination Act prohibit sex discrimination on the basis of pregnancy. In 2023, the Pregnant Workers Fairness Act went into effect and made clear that employers need to provide reasonable accommodations to an employee’s known limitations related to pregnancy, childbirth, or related medical conditions. This could include changes to one’s job, workplace and schedule, and requests for light-duty work or job modifications.

There are circumstances where a person is demoted or let go for non-discriminatory reasons unrelated to the worker’s pregnancy. Employers could decide to discipline or terminate a pregnant worker because of legitimate performance issues, personality differences, or a reduction in workforce, for example. 

Discrimination can also happen during parental leave

The Family and Medical Leave Act (FMLA) is a federal law that allows employees who have been working for a company for at least a year full-time to take 12 weeks of unpaid leave. That could be for a serious medical condition, taking care of a sick family member, or giving birth. FMLA is not paid parental leave. 

While FMLA generally offers job protection to employees, it does not make an employee “termination proof.” In other words, it is possible to be legally fired during FMLA leave if the employer can show the employee was terminated for reasons completely unrelated to FMLA leave, or the decision to terminate the worker is documented and decided before the worker contemplates FMLA leave, for example. However, it raises a red flag if I see someone being fired during FMLA leave or shortly after they return from the leave. 

You don’t have to wait until you are terminated to contact a lawyer

You might get a severance package if you’re let go while pregnant or on leave, and there might be language in there saying to contact a lawyer. That’s usually when people think it’s time to take that step. But if you feel like you’ve been targeted because of pregnancy or medical leave at any time during employment, you should contact a plaintiff’s employment lawyer. 

The earlier you contact a lawyer who specializes in this area, the better because we can help you navigate a lot: what to document, whether to record conversations, how to respond to employer emails or texts, what to say, and how to protect yourself. We will also help you get a better understanding of the deadlines that exist to pursue these types of claims.

Employment lawyer fees vary for discrimination work

A legal consultation doesn’t necessarily have to be paid. A lot of times, if you have a legal claim under any of the statutes, your consultation might be free because your claims are valuable. Lawyers in this field work both on a contingency fee (taking a percentage of your settlement) or based on their hourly rates. If you feel you need a lawyer, call a firm specializing in representing employees and tell them what is going on. You don’t necessarily need documents, recordings, or video to prove your case. Your word is good enough.  

Compensation for discrimination can vary. Under employment discrimination laws, lost wages can be recovered until you find new work, potentially including differences to your previous salary and "front pay" for the future. However, recovering these damages requires diligently seeking new jobs and documenting your efforts to minimize losses. Compensatory damages are also available but capped based on your employer's size. Every case is different.