Can I be fired for being too emotional and hormonal while pregnant?

UPDATED: Sep 30, 2022

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Can I be fired for being too emotional and hormonal while pregnant?

I asked a flu infected co-worker to back away from me because I don’t want to catch the flu while pregnant. She took offense to this and my boss heard me as well. I have been cautious because my immune system is down and I have been disinfecting everything she touches. Door knobs, my desk phone the copy machine, etc. and she has taken offense to this too. I am the Office Administrator at my job and part of my responsibility is to ensure efficient operation of the office. Therefore, in addition to me being extra clean, I have to give constructive criticism. I have to correct my co-worker in any process that is missed related to scheduling and hiring. She reported to my boss that she feels like I am targeting her and she told me that I hurt her feelings. I did apologize to her and explained that if I catch the flu so close to me

delivery, my baby could be born premature. She told my boss that I said she could kill my baby. I did not say that. My boss talked with me and explained that I need to get passed these issues and if it comes down to her having to make a choice in who to keep, she will keep my co-worker instead.

Asked on May 3, 2016 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you can be fired for how you act at work--such as if you impair productivity or moral, or harass other workers--even if a contributing factor or significant cause is your pregnancy. While an employer may not terminate you for *being* pregnant, being pregnant does not give you a pass in regards to your behavior. So if your behavior is a problem at work, you can be terminated for what you say and do.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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