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Ohio Supreme Court Rules Employee Pregnancy Can Legally Lead to Firing

Monday, June 28th, 2010

If you’re a woman in Ohio and you’ve just signed on with an employer, you might want to hesitate before starting IVF treatments.  That’s because the Ohio Supreme Court ruled last week (in a 5-1 vote) that employers are within their rights to fire a relatively newly hired female who becomes pregnant.

Though many would sound the alarm that this ruling is discriminatory, the Court decided that it’s up to a company to figure out if maternity leave (or leave for pregnancy-related concerns) constitutes a firing. 

From the Court’s point of view, if an employee is generally not allowed to take an extended leave of absence (as would occur with a pregnancy) until a certain time has passed (say, a year), then the pregnant employee could be terminated.

It’s a strange conundrum.  On the one hand, the Court’s ruling could be seen as protecting the interests of employers.  On the other hand, it gives women who want to become pregnant a reason to pause before seeking fertility treatments and medical attention for infertility lest they become jobless.

We’d love to know your thoughts on the matter…  Both employees and employers are encouraged to chime in.

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