Can My Employer Exclude Me from Flexible Work-Schedule Options Because I Am Pregnant?

Pregnancy discrimination in prohibited in the workplace as a form of sex discrimination under both state and federal law, including the Florida Civil Rights Act (FCRA) and Title VII of the Civil Rights Act of 1964. Employers, however, often engage in various forms of employment discrimination against job applicants and employees who are pregnant, are planning to become pregnant, or have a pregnancy-related condition. The laws that protect against pregnancy discrimination prohibit all of these forms of discrimination as well as retaliation, and it is important for job applicants and employees to know that they can exercise their rights under these laws.

While pregnancy discrimination can be obvious or blatant, it can also be quite subtle  —  to the point that employees are not certain that they are actually being discriminated against or experiencing retaliation even though they suspect it. One common and subtle way that pregnant or planning-to-become-pregnant employees experience unlawful retaliation is by being denied certain benefits or opportunities that other employees receive. One example of such a benefit is the option for a flexible work schedule. Our Palm Beach Gardens pregnancy discrimination lawyers can tell you more.

Pregnant or Planning-to-Become-Pregnant Employees Cannot Be Denied Benefits to Which All Other Employees Are Entitled or Eligible

Employers discriminate against employees who are pregnant or planning to become pregnant in ways that are both intentional and unintentional  —  both are unlawful. It does not matter if the employer intended to violate the employee’s rights. Treating an employee differently and worse than other employees because the employee is pregnant or planning to become pregnant is unlawful.

For example, when an employer finds out that one of their employees is pregnant or planning to become pregnant, that employer might think it makes logical sense to prevent that employee from having the same flexible work-schedule options as other employees since that employee will likely be taking pregnancy-related leave in the coming months. This is unlawful  —  an employee cannot be denied benefits that other employees receive simply because that employee is currently pregnant or planning to become pregnant. This is a form of employment discrimination, and an employee in this situation may be eligible to move forward with a claim under the FCRA or Title VII.

Likewise, an employer cannot make the decision to deny benefits to pregnant or planning-to-become-pregnant employees in an intentional effort to dissuade the employee from becoming pregnant or to punish the employee for their pregnancy.

Contact a Palm Beach Gardens Employment and Pregnancy Discrimination Lawyer for Help 

Any employee who experiences retaliation as a result of their pregnancy or pregnancy-related condition in the workplace may have a strong claim under the FCRA or Title VII of the Civil Rights Act of 1964. To be clear, employees have protections against discrimination and retaliation related to pregnancy and pregnancy-related conditions or disabilities, and you should never be denied workplace benefits because of a pregnancy or related condition. One of the experienced Palm Beach Gardens pregnancy discrimination attorneys at Sconzo Law Office can speak with you today about the details of your retaliation experience, and we can help you to move forward with a claim under the FCRA or Title VII. Contact our firm to get started with a dedicated and empathetic employment discrimination lawyer.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760ContentsIndex.html

eeoc.gov/pregnancy-discrimination