Can I fire a pregnant woman if she can't perform the daily tasks that are required for my business?

I know it is discrimination if I fire a woman for just being pregnant but is it discrimination if she can't do what I need her to because she is pregnant and has proven it already?

  • Yes
    21% (3)57% (8)39% (11)Vote
  • no
    79% (11)43% (6)61% (17)Vote
And you are? I'm a GirlI'm a Guy

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Most Helpful Girl

  • no, most laws state that if in the case her position requires tasks that are outside of their present physical abilities you basically need to place her temporarily in another position, or accommodate her with equipment to assist her in completing a task (like getting carts so she can transport heavy objects), or offer her extra time off and hire a temp.

    and actually, you COULD fire her -- but the lawsuit would probably wipe your company clean. Better to invest in accommodating her than to have a million dollar lawsuit.

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Most Helpful Guy

  • I mean it's in your power but I think she could sue you stupid if you do.

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What Girls Said 2

  • Can she not do it BECAUSE she is pregnant? Or can she just not do it regardless of her pregnancy?

    If it's BECAUSE she's pregnant... you do understand that pregnancy is not a life-long thing, right? If she can't do it because she just can't - even if she weren't pregnant, that'd be different. If her pregnancy is the issue... you'll have a lawsuit on your hands no matter how you spin it.

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  • What kind of work is it? Manual labour or heavy lifting? Is she standing on her feet most of her shift (not exactly good for pregnant women)? Is the job mentally demanding? Some women get "pregnancy brain" where hormones can actually affect the brain's mental processes. Maybe consider alleviating her workload by having someone else help her, or reassign her somewhere else for the time being.

    If she's just bad at her job regardless of pregnancy, and shows no signs of improvement, then yeah you can fire her as you would do with anyone else.

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What Guys Said 5

  • give her maternity leave and then hire a substitute for that time period

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  • There are laws that protect her. You should just reassign her to a different position or ask her to take her leave a little earlier.

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  • If it involves physical labor-absolutely. If she refuses to leave, then you can sue her.

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  • your mother was pregnant once, maternity leave or it won't give you a good rep

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  • You better check with your lawyers on that. You probably have to give her FMLA time at minimum.

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