What You Should Know About Pregnancy Discrimination in Florida

Facing discrimination in any circumstances while applying for a job or working for an employer can be devastating. Unlawful discrimination can take many different forms, including discrimination against a job applicant or an employee on the basis of pregnancy. Pregnancy discrimination is unlawful under both federal and state law, and it is essential to know precisely what that means. Not only do these laws protect against discrimination because an employee is actually pregnant, but they also protect against discrimination on the basis that an employee might get pregnant or is planning to get pregnant.

Our Palm Beach Gardens pregnancy discrimination lawyers can provide you with more information about protections against pregnancy discrimination and can help you to file a claim if you faced unlawful discrimination or retaliation.

Pregnancy Discrimination is a Form of Sex Discrimination 

Pregnancy discrimination is a form of sex discrimination. The federal Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act to prohibit discrimination on the basis of pregnancy. Under this federal law, pregnancy discrimination is a form of unlawful sex discrimination. State law in Florida also prohibits pregnancy discrimination through the Florida Civil Rights Act.

Pregnancy Discrimination Can Take Multiple Forms 

As we noted above, pregnancy discrimination does not solely include discrimination against an employee because they are pregnant. As the US Equal Employment Opportunity Commission (EEOC) explains, pregnancy discrimination includes but is not limited to treating a job applicant or an employee differently because:

• They are pregnant;
• Took leave for childbirth;
• Experienced a medical condition arising out of pregnancy, including a pregnancy-related disability;
• Put in for FMLA or other pregnancy-related leave;
• They plan to become pregnant; or
• Employer anticipates that they will soon become pregnant or want to become pregnant.

Employers Cannot Ask About Current or Plans for Pregnancy to Make Employment Decisions 

Employers cannot make employment decisions on the basis of pregnancy, including hiring, promotion, pay, and termination decisions.

Disability Laws May Also Apply to You 

Depending on the nature of a pregnancy and disabling conditions that result from the pregnancy, disability law protections might also apply to a pregnant person in a South Florida workplace.

Retaliation in Response to a Pregnancy or Planning Pregnancy Leave is Unlawful 

An employer cannot retaliate against an employee in any way in response to the employee considering becoming pregnant, being pregnant, planning pregnancy leave, or taking pregnancy leave. Retaliation is typically defined as any adverse action in response to one of the above, which may include a pay cut or a demotion, decision not to promote or to give an employee a pay raise, shifting an employee’s hours to a less desirable schedule or their worksite to a less desirable location, excluding the employee from access to or denying certain

Contact a Palm Beach Gardens Pregnancy Discrimination Lawyer 

If you believe you have faced pregnancy discrimination, either in the application process or while employed, it is critical to seek help from one of the experienced Palm Beach Gardens pregnancy discrimination attorneys at Sconzo Law Office as soon as possible. You could be eligible to seek back pay and other remedies such as job reinstatement if you were wrongfully terminated. Contact our firm today to find out more about how we can help with a pregnancy discrimination claim in South Florida.

Sources:

eeoc.gov/statutes/pregnancy-discrimination-act-1978

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