Is It Impossible To Fire Someone In A Protected Class

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. 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? 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. 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. In my 15 years of executive search, I’ve only had two people fail drug screens. In this case, let's address the marijuana issue strictly from a job-performance perspective. It's fair to say that occasional medical or recreational marijuana or alcohol use won’t affect job performance. The challenge is when that use negatively impacts performance and you need to fire the employee. Before you do, ask yourself: Are you firing the employee because of marijuana use, or because marijuana use is affecting their performance?

Even if you never run into a problem with drug use by an employee, chances are you'll have a fired employee challenge a termination during your career. This means it’s imperative that you're familiar with all state, federal and case law surrounding employment issues — especially Title VII that we outlined in the first of this three-part series. To explore hiring and firing, let's consider legitimate reasons to fire someone, gray areas and how to navigate around them, and how to protect your company from a wrongful termination suit when firing anyone,... On Behalf of Dady & Gardner, P.A. | Nov 16, 2021 | Employee Issues If you have workers at your franchise business who are in a protected class, you know that you must be wary about anything that could be considered discrimination against them.

These classes include things like race, religion, sex, and age, just to name a few. In some cases, employers feel like it is nearly impossible to fire these workers. Say you want to let someone go, but they’re in their 40s. You are almost sure they’re going to say you discriminated against them because of their age and claim it was a wrongful termination, especially if you replace them with a younger worker. Does that mean you’re stuck with them? It is certainly possible to fire workers in protected classes.

It’s just important to have a valid reason to do so. You need to document everything as carefully as possible so that there’s no dispute about why you did it. Examples of reasons that workers can be fired include: Just make sure that it’s clear which reason you’re using. For instance, if an employee has poor performance, it may be wise to talk to them about it first and document that conversation. Implement a performance improvement plan (PIP).

If they still don’t change and you end up firing them, you have proof that both the company and the employee knew why they were fired. Anchorage : (907) 276-1550 | Washington D.C. : (202) 659-5800 Anchorage : (907) 276-1550 Washington : (202) 659-5800 Anchorage : (907) 276-1550 Washington : (202) 659-5800 Anchorage : (907) 276-1550 | Washington D.C.

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