Six Things to Know About Pregnancy Discrimination in Florida
If you or your loved one is a pregnant worker who was subject to unfair treatment in the workplace, you may have a pregnancy discrimination claim under federal or state law. In this article, you will find an overview of six key things that employees should know about pregnancy discrimination.
- Federal Law and Florida Law Both Prohibit Pregnancy Discrimination in the Workplace
There are legal protections for workers against pregnancy discrimination under both federal law (Pregnancy Discrimination Act) and state law (Florida Civil Rights Act). You may have a claim under federal law and/or state law. If you have any questions about the application of either of these statutes, an experienced Florida pregnancy discrimination attorney can help.
- The Laws Apply to Workers With 15 or More Employees
Unfortunately, not all Florida workers are covered by these statutes. Both the PDA and FCRA are designed to protect employees in organizations that have 15 or more employees. In other words, if a business or organization that has fewer than 15 workers, these specific laws will not apply.
- Pregnancy Discrimination Comes in Many Different Forms
Discrimination against pregnant employees can take many forms. It may be direct, such as when an employer refuses to hire a woman because she is pregnant or expects to become pregnant. It can also be more subtle, like making assumptions about a pregnant employee’s ability to perform certain tasks or denying opportunities for advancement due to her condition.
- You are Not Required to Disclose a Pregnancy or Intent to Become Pregnant
For covered workers, privacy regarding pregnancy is a right. A woman is not legally obligated to inform her employer about her pregnancy or her intention to become pregnant. However, she may choose to share this information voluntarily, particularly if she needs certain accommodations or time off related to the pregnancy.
- A Worker May Be Entitled to A Pregnancy Accommodation
A pregnant worker has a right to request reasonable accommodation in the workplace to continue performing her job safely and efficiently. Such accommodations may include changes to duties, provision of equipment, or flexible work schedules. Employers are required to make these adjustments unless they can demonstrate that doing so would cause undue difficulty or expense.
- Workers Have the Right to Report Pregnancy Discrimination Without Fear of Retaliation
Employers are forbidden by law to retaliate against any worker who reports pregnancy discrimination or participates in a related investigation. Among other things, this includes demotion, pay reduction, unfair treatment, or termination. Any adverse action taken as a result of such a complaint is deemed as retaliation and is illegal. Workers should feel empowered to assert their rights and report any instance of discrimination, knowing the law stands firmly in their favor.
Get Help From a Pregnancy Discrimination Attorney in Florida
All pregnant workers deserve safe, fair treatment while on the job. If you or your loved one was subject to unlawful pregnancy discrimination in the workplace, an experienced Florida employment discrimination lawyer can help.