One CFO’s Complaint of Being Pregnant and Pushed Out: “We’ll See How You Feel After You Have The Baby”

“We’ll see how you feel after you have the baby, you might find that your priorities change.”

“Don’t underestimate how hard this is going to be once you’ve had the baby.” 

These are the allegations by one former CFO about her employer’s statement after she shared that she was expecting a little one.

The recently filed case offers a cautionary tale for employers navigating the complex landscape of employment discrimination, especially when it comes to pregnancy, parental leave, and retaliation.

The complaint, filed in the Southern District of New York, details alleged gender and pregnancy discrimination, retaliation, wrongful termination, and defamation by the CFO’s employer, a New York-based real estate brokerage firm. While allegations do not equate to proven fact, the complaint provides a roadmap of what not to do—and a reminder of the legal and reputational risks employers face when they mishandle these sensitive issues.

The Allegations

According to the complaint, Ressler v. The Real Brokerage, Inc., Case No. 1:25-cv-04863, the former CFO was a seasoned finance executive who helped grow the company from into a billion-dollar operation.

All went well for a time…until she became pregnant.

When the former CFO announced her pregnancy in early 2024, the tone allegedly shifted. Her CEO reportedly made comments like “We’ll see how you feel after you have the baby,” and warned her not to “underestimate how hard this is going to be.”

Following those remarks, the CFO alleges that the company systematically reassigned her responsibilities to other executives—including a male subordinate she had trained.

Then, despite being on protected leave, her CEO expected her to attend meetings regularly and respond to emails, yet excluded her from key decisions and product launches—with painful consequences.

When she returned from mat leave, the plaintiff found her role diminished, her authority undermined, and her business units permanently reassigned.

Adding insult to injury, the company issued a press release about her termination, which the former CFO alleges was defamatory and designed to damage her reputation. She claims that male executives who engaged in similar or worse conduct were not disciplined, let alone fired.

Legal Claims and Potential Exposure

The complaint asserts violations of the Family and Medical Leave Act (FMLA), the New York State and City Human Rights Laws, the New York State Paid Family Leave Law, and New York Labor Law, as well as a claim for defamation (for the press release).

Photo by Wisdom Praize on Unsplash

The complaint details a pattern of conduct that, on its face, appears to target an employee for taking protected leave and for raising concerns about compliance and risk—classic hallmarks of retaliation and discrimination claims.

If proven, the allegations could expose the employer to serious liability—especially in employee-friendly New York City!

Four Takeaways for Employers

Now, this CFO will need to prove these allegations. That said, this case reminds employers that how you treat employees before, during, and after protected leave matters—not just for legal compliance, but for your company’s culture and reputation.

1. Avoid stereotypes and discriminatory comments. Don’t assume parenthood changes someone’s ambition or capacity. Comments like “your priorities may change” or “this might be too hard” can be evidence of unlawful bias based on sex, pregnancy, and being a caregiver. Try not to make and assert assumptions about gender roles or caregiving.

2. Restore returning employees to their pre-leave roles—or be ready to explain why not.
Ressler’s complaint alleges a steady erosion of her authority both before and after leave. Under FMLA and state leave laws, an employer must usually reinstate employees to the same or a substantially similar role. Reassigning core responsibilities, permanently shifting business units, or grooming replacements during leave can be seen as interference with protected rights and as evidence of retaliation.

3. Apply policies consistently and document EVERYTHING. If you discipline or terminate an employee for alleged misconduct, ensure that your policies are clear, consistently applied, and well-documented. Selective enforcement—especially if others engaged in similar conduct without consequence—can be powerful evidence of discrimination. Conduct thorough, fair investigations and give employees an opportunity to respond before making termination decisions.

4. Consider public communications.
The lawsuit alleges that the company’s press release about the CFO’s termination implied serious wrongdoing without providing details, effectively branding her a financial liability. When announcing leadership changes, stick to neutral language and avoid unnecessary details about the circumstances of a departure.

I’ll leave you with this thought: discrimination and retaliation claims are not just about what’s written in your policies—they’re about how you treat people, especially when they’re most vulnerable. By fostering a culture of respect, following the law, and handling sensitive situations with care, employers can protect both their people and their business.