Legal Question in Employment Law in Texas

Layoff While Pregnant

I am 5 months pregnant, have been working at my company for almost 7 years, and have specialized technical skills that most employees within my company do not have.

My employer is laying off all the engineers in my department due to a contract loss, but they are trying to find new positions elsewhere in the company for the top performers (including me). There were at least two other positions that I am qualified for, and in which they were interested in placing me in, until they found out I was pregnant.

I know I will not be able to get another job in my field being pregnant. Is it legal for my company to lay me off in this case?


Asked on 2/27/09, 7:58 pm

1 Answer from Attorneys
Kell Simon Ross Law, P.C.

Re: Layoff While Pregnant

It is not legal for the company to lay you off because you are pregnant, or for them to decide not to give you another position because of your pregnancy. In order for you to be able to bring a legal challenge to this action, you would probably have to be able to show that the reason that you did not get the two other positions you qualified for is because you are pregnant. When you say that they were interested in placing you in those jobs until they found out that you were pregnant, is that something that someone told you, or something that you are inferring from the timing of when you told them you are pregnant?

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Answered on 3/01/09, 12:17 pm


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