I am 7 months pregnant and may be getting laid off. What are my rights?

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I am 7 months pregnant and may be getting laid off. What are my rights?

I have worked for company for 15 months and have been furloughed for the past
30 days.

Asked on January 3, 2019 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It depends on why you are being furloughed and laid off. The law says that you cannot be discriminated against at work--including being furloughed or laid off--because you are pregant. But it does not protect you from furloughs or lay offs due to non-pregancy-related reasons, such as restructuring, reductions in force, loss of projects, clients, or funding, closing an office or location, or due to provable job issues of you personally (poor performance, insubordination absenteeism or chronic lateness, etc.). 
If there is a non-pregnancy reason for this, it is legal. If there is not, however, this may be illegal discrimination (e.g. disability-based discrimination; pregnancy is considered a disability for this purpose) and you should contact your state's equal/civil rights agency or the federal EEOC about filing a complaint.


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