One reason for employment litigation is when an employer decides to fire someone in a protected class. That employee may claim that they cannot be fired because of their inclusion in that class, alleging that their rights have been violated and that it’s a wrongful termination.
There are a variety of protected classes that employers should keep in mind in the United States. Some of the most common examples include:
- Race
- Color
- National origin
- Religion
- Sex or gender
- Pregnancy status
- Disability status
- Age
- Genetic information and medical history
As an employer, you may be wondering if it’s actually impossible to let an employee go because they’re in one of these protected classes. Say that you’re looking to fire an employee who then reveals to you that they’re pregnant—does this mean you have to keep them at the business?
What is the reason for the termination?
It is not impossible to fire people in protected classes. That’s simply not how these protections work. Rather, the law states that the reason for the termination cannot be the employee’s inclusion in a protected class.
To continue with the example above, you may have decided to terminate the employee because of their personal conduct in the workplace, poor performance on the job, missing too much time at work or something of this nature. All of that is still permissible, even though they are pregnant.
What you cannot do as an employer is fire someone because they are pregnant. If you terminate the employee just to avoid authorizing their maternity leave, for example, that is a wrongful termination.
As you can imagine, these are sensitive and complex situations, so it’s important to understand exactly what legal steps to take.