Are new mothers protected from discrimination after giving birth?

The protections afforded to a pregnant employee during her pregnancy do not end as soon as she delivers the baby. If this were the case, an employer can “wait until after the employee gives birth and then terminate her some time later.” Fejes v. Gilpin Ventures, Inc. (D. Colo. 1997) 960 F.Supp. 1487, 1492–93. This would “lead to absurd results…” Donaldson v. American Banco Corp. (D. Colo. 1996) 945 F.Supp. 1456, 1463–64 (quotations omitted). A new mother is also protected against discrimination based on an employer’s perception that “an employee who takes a maternity leave is on a track that puts her career second to her responsibilities as a mother.” Quaratino v. Tiffany & Co. (2d Cir.1995). 71 F.3d 58.

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