Terminating an employment relationship during pregnancy requires considering much more than just the termination documents. Five legal opinions published in the Federal Judicial Weekly on October 16, 2026, address the confidentiality of pregnancy, the protection of medical services during the trial, and compensation for expenses resulting from the employer’s failure to comply with social security requirements.

For employers, these criteria highlight the importance of coordinating decisions related to human resources, payroll, social security, and legal defense: a resignation or a dispute over the existence of the employment relationship may not be sufficient to address all the risks involved in the case.

What led to these criteria?

The case arose from a lawsuit filed by a female employee who claimed she had been fired because of her pregnancy. According to her account, her termination occurred after she asked her employer for a letter to facilitate her access to medical services from the Mexican Social Security Institute (IMSS) in connection with her pregnancy.

The employee sued two companies. Each presented a different defense: one denied having had an employment relationship with her; the other claimed that the relationship had ended because the employee had voluntarily resigned. These were the defendants’ positions, in contrast to the employee’s assertion that she had been fired.

During the proceedings, the labor authority failed to grant the measures requested to maintain social security and health care. It also denied the worker the opportunity to challenge the resignation and present evidence to refute it. Ultimately, it acquitted the companies and, among other considerations, noted that the employee had not proven that she had informed her employer of her pregnancy.

In reviewing the case, the Collegiate Court established the criteria explained below.

1 Failure to disclose a pregnancy should not be used to justify an adverse decision

The Court considers pregnancy to be sensitive personal information and believes that it is up to the employee to decide whether to disclose it. In accordance with this principle, keeping this information confidential should not result in adverse consequences for her or her child.

For companies, this means that a defense based solely on the fact that the employee “did not notify” may be insufficient. Decisions regarding continued employment, performance, or termination must be based on objective facts and consistent documentation, without making the disclosure of pregnancy a condition for receiving non-discriminatory treatment.

As a preventive measure, it is advisable to review the channels through which information on pregnancy and maternity is received, limit its internal circulation to those who need to be involved, and ensure that such discretion is not interpreted as a lack of loyalty or grounds for disciplinary action.

2 Medical protection may require immediate action during the trial

Another criterion stipulates that the labor authority must act on its own initiative and without delay to adopt precautionary measures that ensure social security and access to health services for the worker and her children during the proceedings. It also states that, if the claim is upheld, the protection must be reflected in a retroactive award of the corresponding benefits.

The practical implications are significant: the company must assess possible medical protection measures from the outset of the dispute. The risk and the necessary actions may arise before a final decision on the termination has been reached.

Therefore, in the event of a dispute of this nature, we recommend that you promptly verify your enrollment history, changes in coverage, and coverage details; retain the relevant documentation; and immediately review any request or court order related to the continuity of services.

3 Failure to comply with social security requirements may result in compensation for medical expenses

The Court recognizes the right to compensation, as part of comprehensive redress, for medical expenses incurred before, during, and after childbirth, for the protection of the employee and her child, when it is demonstrated that the employer failed to fulfill its obligations regarding social security and health services.

According to the thesis, the quantification must be carried out during the enforcement phase of the ruling through the corresponding settlement proceeding, without making such compensation contingent upon another proceeding.

This broadens the scope of factors to be considered when evaluating a claim. The financial review of the matter must include potential medical expenses related to the proven breach. The ruling does not establish a fixed amount or automatic compensation for any termination of employment during pregnancy.

4 A waiver must be evaluated within the context of the case

The criteria also call into question a purely declarative application of the gender perspective. In the Court’s view, citing regulations and protocols is insufficient if, during the proceedings, the female worker is prevented from challenging a resignation, unjustified obstacles are imposed, or medical protection measures are omitted. Furthermore, the review in an amparo proceeding must identify the relevant procedural violations, even when substantive relief is granted.

For employers, the recommendation is to review the circumstances under which a resignation is obtained and documented: whether it was voluntary, the related communications, any payments made, and the consistency of the record. The mere existence of the document does not eliminate the need to analyze the context in which it was obtained.

What Companies Should Review

Based on these criteria, we recommend:

• Review termination procedures in cases of pregnancy or maternity leave, with timely input from labor counsel.
• Verify compliance with social security requirements, as well as the effects of any termination and any measures that may be ordered during a dispute.
• Document the reasons for employment decisions using current, objective, and consistent evidence.
• Protect information regarding pregnancy, preventing its unnecessary disclosure and its use as a basis for unfavorable treatment.
• Update the contingency assessment, taking into account potential medical expenses and precautionary measures, in addition to the claimed employee benefits.
• Train Human Resources staff and operational managers to identify and address in a timely manner situations related to pregnancy, maternity, and possible acts of discrimination.

Scope of the Publication

The five opinions are separate and stem from the same case: Direct Amparo 304/2025, decided by the Fourth Collegiate Labor Court of the First Circuit on March 19, 2026. Their publication does not constitute a legal reform nor does it, in and of itself, make them binding case law. However, they offer relevant arguments for future litigation and demonstrate how a federal court is examining the relationship between pregnancy, privacy, social security, and effective access to justice.

For companies, these criteria justify a proactive review of their practices before a dispute arises. At Vega Guerrero, we can assist your organization in reviewing its termination procedures, social security compliance, and the handling of disputes related to pregnancy and maternity.