I am not a lawyer so this might not be the correct advice, but the attorney who handles labor issues for my company has had us be particularly aware about inadvertently violating an employee’s rights under the Americans with Disabilities Act. I don’t know if this qualifies under that law, but I know that we, as employers, must treat a pregnant employee in exactly the same way that we would treat any other employee who had a medical disability. In other words, if an employee with a broken leg gets two week’s paid leave and then goes on short term disability, the pregnant employee must be treated the same way, no better and no worse.
I am down the road from you in Wilmington and our local attorney is terrific when it comes to stuff like this.
There is also a law in North Carolina called REDA which prevents an employer from firing an employee in retaliation for any legal action taken by the employee. If your friend had formally notified her employer of her pregnancy this might be covered but it’s a stretch.
The other thing to consider is whether your friend’s employer has published an employee handbook or manual because the book might spell out things like a 90 day probation period under which you could be terminated for any reason whatsoever without recourse to employee protection laws.
However as some others have said, if this employer fired TWO pregnant employees at the same time and he can not demonstrate a real reason for selecting just these TWO, like last hired, first fired, then this employer may have opened himself to a hell of a lawsuit.
Consult an attorney, If you want my local attorney send me a private message.
One other thing for your friend to consider: if she had become eligible for medical benefits offered by her employer, then she has the right to continue her medical and dental benefits, or both, under a Federal law called COBRA. The employer must offer this to her in writing, usually by US Mail, within 14 days of her termination, whether voluntary or involuntary. Her cost would be up to 102 percent of the premiums paid by her employer to the medical and dental insurance carriers. It can be a lot more expensive than you thought and difficult to pay for if you are unemployed but if she is late in her pregnancy she may need medical and hospital coverage for her delivery and prenatal care.
In fact, if the employer fired these employees in an attempt to keep his costs and ultimately his premiums down, if your friend opts for COBRA then the group’s loss coverage will still be affected by her medical costs. Something to consider.
SRM
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