Human Resource Blog

Downsizing of an Employee on Maternity Leave

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If a Virginia company eliminates the job of a person out on maternity leave, is the action considered discriminatory?

When it comes to protecting the rights of pregnant employees and new mothers, the laws for Virginia are the same as the federal laws. The Pregnancy Discrimination Act (PDA) protects pregnant mothers from workplace discrimination. The PDA states that an employer should not take pregnancy into consideration one way or the other when downsizing or eliminating jobs. As such, the pregnant employee should be treated like any other employee.

The PDA states that a pregnant employee or new mother can have her job eliminated while she is on maternity leave, as long as the reason for the elimination has nothing to do with the pregnancy. In the situation where a woman is pregnant, she is essentially treated along the same lines as an employee that has a temporary disability. In order to eliminate the pregnant employee’s job, the employer must have proof that the decision was based on circumstances unrelated to the pregnancy.

It should also be noted that when a woman is pregnant, it is her choice to remain in the same position as before she became pregnant. Often and especially in places of employment where there is manual labor or chemicals, the employer will offer to move a pregnant employee to an easier and perhaps safer position for the duration of the pregnancy. While many employers are well-intentioned, it should be noted that the decision to remain or move should be that of the employees. According to the U.S. Supreme Court, moving a woman to a different position may violate Title VII if the woman would only be moved as a result of the pregnancy.

It should be noted that with regards to the pregnancy, maternity leave, and job roles, the decision is entirely up to the pregnant employee and action cannot be mandated by an employer in any circumstance.