Tracey Diamond, a partner in Troutman Pepper’s Labor and Employment Practice Group, was quoted in the Inc. article, “Lawsuit Alleging Pregnancy-Related Firing Stirs Controversy.”

Under Title VII of the Civil Rights Act, discriminating against an employee for being pregnant is illegal for companies with 15 or more employees. Whether a company can legally fire an employee for having premarital sex is more of a gray area, and has led to lawsuits against religious employers that terminated unmarried employees who became pregnant. While federal law does not prohibit discrimination based on marital or familial status, some states’ laws do, says Tracey Diamond, a labor and employment attorney at the Philadelphia office of the law firm Troutman Pepper. The burden is on the employee to prove that the company’s claim that she violated its policies was a pretext and that she was actually fired due to her pregnancy, Diamond says.

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