Legal Question in Disability Law in Virginia

Is it legal to be fired from your job for having problems during a prenancy and have notes from your doctor each time you missed work

Asked on 5/10/16, 10:56 am

1 Answer from Attorneys

Stephen B. Pershing Stephen B. Pershing, Esq.

Hi there--yes, it might be a violation of the Americans with Disabilities Act of 1990, the Pregnancy Discrimination Act of 1978 (an amendment to Title VII of the 1964 Civil Rights Act), or the Family and Medical Leave Act of 1993. It depends--of course a lawyer would say that, but it's true--on the circumstances: notice to the employer, hardship to the employer, severity and suddenness of onset of the difficulties, and so on. A key factor is timing: for administrative complaints under Title VII, for instance, you have to file papers within six months after the discriminatory act you're challenging. Also, an employer, if sued or threatened with suit, will typically find fault with the employee's performance, to try and make the firing about something else. You have to be ready with strong evidence to rebut anything the employer would try to use against you. And you want to decide what you want: reinstatement (or not), seniority credit, transfer, references for future employment, a monetary settlement or some combination. Sometimes a lawyer's letter to the employer ("I represent so-and-so, you may have violated statutes X Y and Z, I don't want to sue, we should talk before I do") can do the trick, and sometimes you have to sue to get anywhere. I do cases like this in Va and would be willing to learn more about your situation. Feel free to call or write. --Steve Pershing.

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Answered on 5/10/16, 1:15 pm

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