Does the following statement resonate with you? “I was fired / demoted because I refused to take the vaccine because I was pregnant at the time.”
Sadly, many women have found themselves in this situation since the pandemic began. As the COVID virus destroyed businesses and took away countless lives, employers began mandating vaccines for all their workers. It’s understandable that employers want to protect themselves and their employees. Additionally, it’s their right to do so, as employers are allowed to impose “a requirement that an individual shall not pose a direct threat to the health or safety of individuals in the workplace,” according to federal guidelines.
But some employers have taken this too far by ignoring federal laws that guarantee protections for certain classes of workers. These protections include fair treatment in the workplace, meaning workers cannot be subjected to discrimination based on characteristics such as pregnancy, race, age, and gender.
So how does workplace discrimination laws factor into an employee’s right to refuse the COVID vaccine because they are pregnant? That’s the question we will explore today, along with your legal options if you’ve been fired or faced any form of retaliation from your employer due to your unvaccinated status. However, it’s important to remember that this is general information that may or may not apply to your case. To discuss your case with an experienced labor law attorney, contact our law firm at your earliest convenience.
Can my Employer Force me to Get Vaccinated even if I’m Pregnant?
There is a lot of confusion surrounding protections for pregnant workers when it comes to the COVID vaccine. Some people will point out how pregnancy is not a protected class under the Americans with Disability Act. This means pregnant women cannot claim a medical exemption for the COVID vaccine.
While this is true, pregnancy is a protected group under Title VII of the Civil Rights Act of 1964. Title VII prohibits workplace discrimination based on certain characteristics, which include pregnancy. Thus, an employer must ensure that pregnant workers do not face discrimination based on their physical / health condition.
This is clearly spelled out by the U.S. Equal Employment Opportunity Commission (EEOC), which released the following statement:
“If an employee seeks an exemption from a vaccination requirement due to pregnancy, the employer must ensure that the employee is not being discriminated against compared to other employees similar in their ability or inability to work.”
Essentially, an employer must explore all reasonable accommodations that can be made for a worker who refuses the vaccine because they are pregnant. Otherwise, the employee may be able to sue the employer for workplace discrimination.
What are my Rights if I was Terminated due to Refusing the Vaccine because of Pregnancy?
It’s essential to speak to a lawyer right away if you’ve been terminated, demoted, or experienced some other form of discrimination due to your refusal of the vaccine while you were pregnant. Unfortunately, most lawsuits earlier in the pandemic involving vaccine exemptions favored the employer. As a result, many workers are under the impression that they have no choice if they are treated unfairly or terminated for not getting vaccinated. Furthermore, the CDC approved the use of vaccines for pregnant women, which further fueled the argument that pregnant workers cannot refuse the vaccine.
However, the CDC’s recommendation does not take away from an employer’s obligation to avoid discrimination based on pregnancy, childbirth, or related conditions like breastfeeding. This means the employer must take any and all reasonable measures that can be made to accommodate the worker, while ensuring everyone else’s safety. Here are some examples of the accommodations that can be made for unvaccinated workers who are pregnant:
- Allow the employee to work from home for the duration of the pregnancy.
- Ask the employee to be tested for COVID once a week.
- Masking and physical distancing while they’re at the work site.
- Having the employee work at a private workspace.
- Changing the employee’s job duties to limit their contact with the public.
- Allowing the employee to take a leave of absence.
Have you been fired by your employer because they refused to make reasonable accommodations for you as a pregnant, unvaccinated worker? Have you been demoted, taken a pay cut, or experienced harassment / unfair treatment due to your unvaccinated status because you were pregnant at the time? If so, your employer may be in violation of your rights under Title VII, which entitles you to momentary damages. That brings us to an important question: Can I sue for discrimination if I was fired or demoted for not taking the vaccine because I was pregnant?”
Do I have a Case for Discrimination if I was Fired / Demoted by my Employer?
You may have a case for workplace discrimination if you were terminated or demoted due to your refusal of the vaccine as a pregnant woman. Our lawyers can review your case and help you gather the evidence to support a claim of discrimination based on pregnancy. Then, we can file a lawsuit on your behalf and help you recover the following damages;
- Back pay and front pay
- Lost benefits
- Emotional distress from harassment, job loss, etc.
- Workplace policies to accommodate pregnant, unvaccinated workers
- Reinstatement of your job, or salary if you were demoted
- Attorney’s fees
- Punitive damages
These damages can be recovered by filing a lawsuit on your own, or joining a class action with other wrongfully terminated workers. Our attorneys can help you decide on the best legal strategy for your case. However, a lawsuit for workplace discrimination cannot take place until you’ve filed a complaint with the appropriate state or federal agency.
How can I file a Complaint I was Terminated because I Refused to take the Vaccine?
Prior to suing your employer, you must file a discrimination / retaliation complaint with the California Department of Fair Employment and Housing. Or, you can file a complaint at the federal level with the Equal Opportunity Employment Commission (EEOC). If your claim is not resolved by either of these agencies, you can pursue monetary damages through a lawsuit against your employer. For legal advice on how you should proceed in a claim for pregnancy discrimination in the workplace, please give us a call at our office.
Contact a Workplace Discrimination Lawyer
The COVID 19 pandemic has changed the world forever, in ways that we are still struggling to understand. We can see this confusion in the workplace, where employers are struggling to save their businesses and maintain the health of their employees. These are certainly important goals, but employers cannot ignore federal laws that prohibit discrimination of protected individuals, such as pregnant women.
If you were wrongfully terminated for refusing the vaccine because you were pregnant at the time, we are here to fight for the compensation you deserve. You won’t have to worry about legal fees when you choose our law firm, since our attorneys work on contingency. As a promise under our Zero fee guarantee, we only get paid by winning your case. If we don’t win, you won’t be responsible for a single penny of our legal fees.
As you can see, there is nothing to lose by giving us a call and speaking with one of our attorneys. Contact our office and schedule a free case evaluation.
