Dear Atty. Joji,

I have recently been informed by my employer that I am being dismissed from my position. Although I have consistently met all performance expectations and maintained a strong record, my employer has expressed concerns about my ability to fulfill my duties during and after my pregnancy. Despite offering to discuss possible accommodations or temporary adjustments to my workload, my employer insists that my pregnancy poses a “business inconvenience” and has cited this as grounds for my termination. Can my employer legally dismiss me due to this reason?

Eunice

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Dear Eunice,

The answer is no, it is illegal and unlawful to terminate the employment of any woman solely by reason of pregnancy.

Article 135 of the Labor Code provides:

Prohibited acts — It shall be unlawful for any employer:

To deny any woman employee the benefits provided for in this Chapter or to discharge any woman employed by him for the purpose of preventing her from enjoying any of the benefits provided under this Code;

To discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy.

To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant.

In fact, there are many Supreme Court decisions declaring illegal the termination of women who got married and those who got pregnant. In one of the cases, the Supreme Court ruled: “While pregnancy does present physical limitations that may render difficult the performance of functions associated with being a flight attendant, it would nevertheless be the height of iniquity to view pregnancy as a disability so permanent and immutable that, it must entail the termination of one’s employment. It is clear that any individual, regardless of gender, may be subject to exigencies that limit the performance of functions, but pregnancy could not be such an impairing occurrence that it leaves no other recourse but the complete termination of the means through which a woman earns a living (Saudi Arabian Airlines v. Rebesencio et al., G.R. No. 198587, 14 January 2015).

Hope this helps.

Atty. Joji Alonso