Pregnancy Discrimination Law in Florida for Employees
Serving You and The State of Florida
Employees in Florida need to be aware that there are federal and Florida state laws that protect them from discrimination based on a variety of factors. Among these factors is pregnancy. You cannot be denied a job or replaced by your company just because you have become pregnant prior to beginning employment or during your employment.
If you have suffered discrimination due to your status as a pregnant employee, you need to see the representation of a skilled legal team right away. This kind of violation is not legal and should not be allowed to stand. The team at Lopez Law Group has years of experience representing these kinds of cases and can help you protect your job and compensation.
Which Laws Prevent Pregnancy Discrimination in the Workplace?
There are both federal and Florida laws that protect pregnant employees from being passed over for promotions, fired, or released from contract due to their status as a pregnant person. These laws were added to various other anti-discrimination laws when an increasing number of employees who could become pregnant entered the workforce. These adjustments to discrimination laws allow people to maintain a balance between family goals and work life that was not observed prior to the 1970s.
The Pregnancy Discrimination Act of 1978 is the main federal law that protects the rights of those who are pregnant and are in the workforce. This applies to employers with 15 or more full or part-time workers.
The Americans With Disabilities Act is another Federal Law that protects those who are pregnant from being discriminated against in the workplace. This also applies to employers with 15 or more employees that are full or part-time.
The Florida Civil Rights Act is the state law that protects your employment even if you should become pregnant. There is no specific pregnancy clause within this law, but pregnancy was recently added by the Florida Supreme Court to the sex/gender clause within this set of laws. The FCRA also usually applies to businesses that employ 15 or more people.
What About Accommodations?
Another aspect of pregnancy discrimination law that many employees are not aware of is that pregnant workers are allowed to request accommodations related to their pregnancy status. Pregnant workers can be categorized as temporarily disabled during the time of their pregnancy. This might take the form of accommodation through the use of provided tools, or it might mean that the employee is excused from doing certain parts of the work process while they are pregnant.
There are other allowances that might be made for specific situations related to the limitations of pregnancy that could be linked with threats to the unborn child as well. Doctors can sometimes limit pregnant patients’ activity to help prevent early labor and so forth. This request would need to be honored by the place of employment.
What Are Some Examples of Pregnancy Discrimination in the Workplace?
There is a list of different kinds of discrimination related to pregnancy that can happen in the workplace.
- Refusal to hire you because you are or wish to become pregnant
- Refusing to provide reasonable accommodations for you during your pregnancy
- Firing someone due to becoming pregnant
- Not allowing someone to pump milk
- Harassment due to pregnancy
- Retaliation against someone due to them filing a pregnancy discrimination claim
- Being passed over for a promotion due to your pregnancy
Other examples of pregnancy discrimination are asking someone about their pregnancy status in a job interview or asking someone if they plan to become pregnant during an interview. You should also never be asked about your possible pregnancy plans or pregnancy status when seeking a promotion or other advancement at your place of employment.
What Can I Do if I Have Been the Victim of Pregnancy Discrimination in the Workplace?
If you have been discriminated against due to being pregnant, you will need to seek the support of an experienced lawyer to represent you. You will be able to lean on the support of this lawyer to help you to take the next steps to hold your employer accountable for their actions towards you. The team at Lopez Law Group can help you to address this issue and retain your job or report your employer in order to require they be held accountable.
You will be able to file a lawsuit against your employer, but administrative remedies must be pursued first. This means that you will need to file an internal complaint with your company’s HR department. If there are no improvements in the situation after you have taken this step, you can file a discrimination claim with the EEOC.
If you decide to proceed with the lawsuit option, you will need to work with your lawyer to create a right-to-sue letter. This allows you to file a lawsuit against your place of employment for pregnancy discrimination. This kind of action is not legally viable for business in the state of Florida, and you should never accept discrimination of this type. While it can feel daunting to have to bring a lawsuit against your place of employment, your lawyer can help you to take care of the process from start to finish.
Pregnancy Discrimination is a Serious Offense
If you have been the victim of pregnancy discrimination in the workplace in Florida, you need to make sure that you seek the representation of a skilled lawyer to support your case. You have the right to defend yourself against this kind of action, and you should not accept this kind of treatment. The team at Lopez Law Group has years of experience working on pregnancy discrimination cases in the state of Florida. We can help you to seek the accommodations you deserve, protect your job, or help you to initiate change at your place of employment related to this kind of discrimination.
Reach out to us today and schedule a consultation. We are always eager to help pregnancy discrimination victims protect their rights in the workplace.
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