On April 13, 2026, a federal jury in the Southern District of New York declined to award damages to a former associate at DLA Piper who alleged that she was terminated because of her pregnancy. The jury was comprised of seven women and one man and deliberated for just over four hours before returning a defense verdict.
The plaintiff was a seventh-year associate, who worked at DLA Piper for eleven months and earned approximately $400,000 a year. She alleged that she was terminated less than a week after requesting maternity leave while six months pregnant in violation of the Family Medical Leave Act, New York State Human Rights Law, and New York City Human Rights Law.
Tt the time of her termination, the plaintiff raised her pregnancy directly with Partner, Gina Durham, “Gina, you know I’m pregnant. This feels wrong.” However, Ms. Durham testified that plaintiff’s pregnancy did not play a role in the firm’s decision to terminate her employment. In fact, Ms. Durham told the jury that she took maternity leave twice while she was at the firm and was elevated to partner while pregnant with her second child.
The jury’s findings likely relied on the law firm’s documented performance concerns. DLA Piper presented evidence that the plaintiff was not meeting expectations for a senior associate, including missed deadlines and substantive errors in her work.
Key Takeaways for Pregnancy Discrimination Claims
Pregnancy discrimination claims often rely heavily on timing, particularly where an adverse action closely follows a pregnancy disclosure or leave request. This case illustrates that in certain instances, specifically where the employer has thorough documentation relating to performance issues, timing may not be enough on its own to justify a verdict in favor of a plaintiff.
Accordingly, it may be probative to look at additional evidence, including:
- Comments by supervisors or decision-makers reflecting bias related to pregnancy, maternity leave, or perceived caregiving responsibilities
- A noticeable shift in treatment after the employee announces her pregnancy, including exclusion from meetings, reduced responsibilities, or diminished opportunities
- Sudden or escalating performance criticisms arising after the employee announces her pregnancy or returns from leave
- Comparator evidence, such as similarly situated non-pregnant employees who were treated more favorably under similar circumstances
- Evidence that other employees were terminated or disciplined after announcing pregnancies or taking leave
- Temporal proximity combined with other indicators, such as termination shortly after a leave request
- Inconsistencies or shifting explanations for the termination, which may suggest pretext
- Lack of contemporaneous documentation supporting alleged performance issues
- Departures from standard policies or procedures in how the employee was evaluated, disciplined, or terminated
- Evidence of interference with leave rights, including discouraging or penalizing the use of maternity or medical leave
Frequently Asked Questions about Pregnancy Discrimination
- Can my employer fire me while I’m pregnant?
Yes, but not because you are pregnant. Employers can terminate employees for legitimate, non-discriminatory reasons (such as documented performance issues). However, if pregnancy played any role in the decision, that may violate City, State, and/or Federal law.
- Is it illegal to fire someone right after they announce a pregnancy?
Not automatically, but the timing can be strong evidence of discrimination, especially if combined with other factors like sudden criticism of performance, negative comments about leave or availability, or a change in how you are treated at work.
- What if my employer says that my termination was due to performance?
This is one of the most common defenses. A claim may still be viable if:
- The performance issues were never raised before your pregnancy
- The criticisms are exaggerated or inconsistent
- Other employees with similar issues were treated more favorably
The key question is whether the stated reason is real, or a pretext.