Some employees are in protected classes, which helps determine when discrimination has taken place. Examples include gender or sex, age, race or national origin, pregnancy status and disability status – although this is not an exhaustive list of all protected classes.
As such, when someone is in one of these classes and they are fired from their job, they may claim that it is an example of wrongful or illegal termination. If a woman becomes pregnant and is fired shortly afterward, for instance, she may want to know if she can sue her former employer. So, is it always wrongful termination if the employee is part of a protected class?
What was the reason for the termination?
It is not always an example of discrimination just because an employee is in a protected class. The key thing to remember is that the protected characteristic cannot be the reason for the termination.
For instance, if a woman informs her boss that she is pregnant and is going to take maternity leave, and her boss fires her because he does not want to pay an employee who is on maternity leave, that would be illegal.
On the other hand, perhaps the same woman has made significant mistakes at her job or encountered serious conflicts with employees, customers or clients. If she is fired for these reasons, the fact that she is pregnant does not necessarily play any role in the decision to terminate her employment. As such, the employer may claim that it is not discrimination. They were firing her for job-related issues, not because of her pregnancy status.
Complex cases
Naturally, employers and employees often disagree on the reason for termination or what role a protected class may have played. This can make these cases very complex, and it is critical for those involved to understand all of their legal options.