Key Things to Know About Pregnancy Discrimination in the Workplace
Did you know that about 20 percent of mothers report that they experienced pregnancy discrimination in the workplace? That statistic comes from the Bipartisan Policy Center, which also reports that a significantly high percentage of women who have filed pregnancy discrimination claims have filed claims in relation to adverse treatment due to the decision to terminate a pregnancy — employment actions around a pregnancy termination account for about 80 percent of pregnancy discrimination charges filed with the federal Equal Employment Opportunity Commission (EEOC) in 2024.
What should you know about pregnancy discrimination in the workplace? Our Palm Beach Gardens pregnancy discrimination lawyers can provide you with some key pieces of information.
Pregnancy Discrimination is Prohibited Under State and Federal Law in Florida
Pregnancy discrimination — and discrimination on the basis of pregnancy-related conditions — is prohibited under both state and federal law. In Florida, the Florida Civil Rights Act (FCRA) prohibits pregnancy discrimination in employment contexts. Under federal law, the Pregnancy Discrimination Act, which amended Title VII of the Civil Rights Act of 1964, protects job applicants and employees from pregnancy discrimination.
Additional federal laws may also protect you, depending on your circumstances. You may have protections under the Americans with Disabilities Act (ADA) if you have a pregnancy-related disability, or under the newer Pregnant Workers Fairness Act (PWFA).
Legal Protections Only Apply to Private Employers with 15 or More Employees
Generally speaking, the pregnancy discrimination laws that provide protections to job applicants and employees only apply to private employers with 15 or more employees (though public employers are generally covered regardless of size). If you work for a smaller private employer, you should seek legal advice about other avenues for redress.
Pregnancy Discrimination Also Includes Pregnancy-Related Conditions
Pregnancy discrimination does not just prohibit discrimination on the basis of a current or past pregnancy. It also prohibits discrimination on the basis of a potential pregnancy, medical conditions related to pregnancy or childbirth, birth control or contraception, and pregnancy termination.
You Do Not Have to Inform Your Employer of Pregnancy-Related Plans
Your employer (or potential employer) cannot ask you about pregnancy plans or questions related to pregnancy, and you do not have to inform your employer if you are pregnant or plan to become pregnant.
You May Be Entitled to Job-Protected Unpaid Leave Related to Your Pregnancy
If you and your employer are covered by the federal Family and Medical Leave Act (FMLA), you may be entitled to up to 12 weeks of job-protected, unpaid leave related to pregnancy or childbirth or a related condition.
Contact a Palm Beach Gardens Pregnancy Discrimination Attorney for Help Filing a Claim in Florida
No job applicant or employee should ever face adverse conduct or treatment because of a pregnancy or a pregnancy-related condition, yet pregnancy discrimination occurs more often than some people expect. If you have faced any type of adverse treatment or behavior as a result of your pregnancy (or a related condition, such as your decision to have an abortion, or a postpartum disability), you should make sure to exercise your rights and to hold your employer accountable. One of the experienced Palm Beach Gardens pregnancy discrimination attorneys at Sconzo Law Office can discuss your options for filing a claim, including moving forward with a case under Title VII, the ADA, or the FCRA. Contact our firm today for assistance.
Sources:
eeoc.gov/pregnancy-discrimination
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0760/0760PARTIContentsIndex.html