If An Employee Is In A Protected Class Does That Mean You Can T Fire

Trusted Solutions In Employment Law For Over 25 Years On Behalf of Sargoy Law, APC | Oct 9, 2025 | Employment Law For Employers It can be difficult to make decisions about letting certain employees go from their positions. But as an employer, you know that it is sometimes necessary. An employee may not be working out, you may not be happy with their performance on the job, and it may just be time to move on. One concern that employers sometimes voice is that the employee they want to fire is in a protected class.

Common examples of protected classes are gender, age, race, religion and disability status. This is certainly not an exhaustive list, but the EEOC states that employment decisions should not be based on these classes. So does that mean it is illegal to fire someone who is within such a class? No, this does not necessarily mean that the termination is illegal. Just because someone is part of a certain religion or has a certain ethnic background does not mean it is impossible for you to fire them. You can terminate them from their position without worrying about legal ramifications.

Call for a Free Consultation866-439-1295 Call for a Free Consultation866-439-1295 On Behalf of Watkins & Letofsky, LLP | May 23, 2023 | Wrongful Termination | As a business owner, you sometimes have to fire employees. It’s a hard situation. But you know that it’s necessary.

Recently, you’ve decided that you need to let one of your employees go for the good of the company. But the problem is that the employee is in a protected class. These classes include immutable characteristics like race, religion, age, pregnancy and disability. For instance, maybe the worker you’re firing is over 40 years old, or perhaps that worker is part of a minority ethnic group. You know that you’re not allowed to fire employees for these reasons, so does that mean that you’re not going to be able to let this person go? Call 786-901-5685For A Free Consultation

On Behalf of QUARANTA P.A. TRIAL LAWYERS | Jul 24, 2025 | Business Litigation One reason for employment litigation is when an employer decides to fire someone in a protected class. That employee may claim that they cannot be fired because of their inclusion in that class, alleging that their rights have been violated and that it’s a wrongful termination. There are a variety of protected classes that employers should keep in mind in the United States. Some of the most common examples include:

As an employer, you may be wondering if it’s actually impossible to let an employee go because they’re in one of these protected classes. Say that you’re looking to fire an employee who then reveals to you that they’re pregnant—does this mean you have to keep them at the business? On Behalf of Holden P.C. | Sep 17, 2025 | Employment Litigation As an employer, you certainly want to avoid disputes with employees who lose their jobs. You know that there are concerns about wrongful terminations.

For instance, you are aware that some employees are in protected classes, and these are designed to avoid discrimination. These protected classes include things like age, pregnancy status, religion, race, national origin or disability. But does this mean that it may be impossible for you to terminate some of your employees if you are interested in doing so? Say that an employee has been making a significant number of mistakes or engaging in detrimental conduct to the company. But that employee is also pregnant. Does this mean it is impossible to fire her because she is in a protected class, so it would be a wrongful termination?

No, it is not automatically a wrongful termination just because the employee is in a protected class. You can still proceed with the termination. The key is to demonstrate that there is a valid reason for that firing. Remember that the law states that employees cannot be terminated or discriminated against because of their inclusion in these protected classes. Have you been retaliated against, wrongfully let go, or forced to work in unsafe conditions due to COVID-19? Find out if you qualify for a claim!

<picture><source srcset="https://smitheylaw.com/wp-content/uploads/2021/01/Poor-performing-employee.jpg.webp" type="image/webp"><img fetchpriority="high" decoding="async" class="alignleft wp-image-2134 size-full webpexpress-processed" src="https://smitheylaw.com/wp-content/uploads/2021/01/Poor-performing-employee.jpg" alt="Employee with poor performance." width="300" height="199"></picture>As an employer, one of the most distasteful parts of your job is when you have to terminate an... There are many reasons that employees may need to be terminated, but poor job performance tends to be at the top of the list. But are employers allowed to terminate employees solely for poor performance? The answer, in most cases, is “Yes.” However, there are some exceptions and guidelines to be aware of before handing out that pink slip. Reach out to an employment lawyer today for further legal advice. You can terminate an employee solely for poor performance in most U.S.

states that follow at-will employment policies. Exceptions include employees with contracts, public-sector roles, or union protections. Termination must not involve discrimination or retaliation and should be supported by documented performance issues. Basically, if a state has adopted an “at-will” employment policy, it means that an employer can fire an employee at any time, for any reason, or for no reason at all. Currently, with the exception of Montana, all of the states in the US have adopted an at-will employment policy. As such, about 74% of the US workforce falls under the category of at-will employees.

Because Maryland is one of the at-will employment states, you can fire an employee for poor performance. However, there are some exceptions: Employers must always keep in mind that it is never legal to fire someone based on discrimination or any legally protected status. So if you say that you are firing someone for poor job performance, be prepared to back up your claim. If an employee is able to prove that their termination was not solely based on poor performance, you could get into trouble with the Equal Employment Opportunity Commission (EEOC) or other governmental agency. You might even eventually find yourself the defendant in an employment lawsuit.

Here is a quick, non-exhaustive list of reasons that you are not allowed to fire someone: On Behalf of Bugbee & Conkle, LLP | Jul 7, 2023 | Employment Law & Litigation Some employees are members of legally-protected classes. As defined by the U.S. Equal Opportunity Employment Commission, these classifications are defined by certain immutable characteristics, including one’s religion, sex, race, national origin, gender identity, disability, age, genetics, etc. It’s important for employers to know that these classes exist because it certainly can influence how a termination can or cannot lawfully proceed.

But it’s problematic to think that these protected classes influence which employees you can fire. Instead, think of it as a guideline for why you can lawfully fire members of protected classes, not whether you’re allowed to fire members of protected classes under any circumstances. Some employers believe they simply can’t fire employees who are in protected classes. They view these protections as a direct protection against termination itself. If they have an employee who is over 40 years old, for instance, they may lament that they can’t fire that person without being accused of age discrimination. But this is an incorrect view of how protected classes work.

What it actually means is that you can’t fire someone because they are 40 years old or older. You certainly can fire a worker who fits into that age category. Maybe your company is downsizing and you simply have to let people go, whether you want to or not. Maybe a certain worker is always late for work or you’ve seen their production slipping. There are a multitude of very reasonable issues that you may cite to show why a firing is justified. Oregon laws protect you from being discriminated against at work.

That means you can’t be fired or demoted, paid less, or otherwise treated differently because of certain characteristics about you. It’s illegal to discriminate against someone because of race, national origin, color, sex, gender identity, sexual orientation, age, religion, physical or mental disability, military status, or marital or family status. It is illegal for your employer to retaliate against you because you make a complaint in good faith that they are breaking the law. All employers must have a written policy to reduce and prevent harassment, discrimination, and sexual assault at work. They must provide this policy to all workers when they are hired and it must be easily available to all workers. A template policy to help employers develop their policy is available in English and Spanish.

It is illegal for employers to require workers to enter into a nondisclosure agreement that would stop you from disclosing or discussing discriminatory conduct prohibited by ORS 659A.030, 659A.082, and 659A.112. Letting an employee go is rarely a clear-cut task. After being fired, the next step for some people is to hire an attorney. Because of this, an HR professional must be well-versed in state and federal employment law to avoid — or prevail — in the courtroom. Take for example the case of a 50-year-old woman who fell while working at a U.S.-based company. She followed company procedure and went to the workplace medical office to be seen for her injuries.

As part of the examination, the doctor performed a drug test. She tested positive for marijuana. The company fired her, and workers' compensation denied her claim. She argued she only used pot outside of work and was never high while on the job. Since marijuana is legal in her state, she said it's no different than an employee drinking a glass of wine after work. She hired an attorney and sued for wrongful termination, also claiming discrimination because of her age.

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