Pregnancy discrimination happens when an employee is treated unfairly because of pregnancy, childbirth or a related medical condition. It can affect hiring, promotions, job duties and even leave options.
Both federal and Florida law offer protection for workers facing this type of discrimination. Below are some crucial factors to keep in mind.
How federal and Florida laws protect pregnant workers
At the federal level, the Pregnancy Discrimination Act (PDA) protects workers from discrimination based on pregnancy. The Act applies to employers with 15 or more employees. The Americans with Disabilities Act (ADA) also offers protection if the pregnancy causes medical conditions that qualify as disabilities.
Florida law offers similar protection under the Florida Civil Rights Act (FCRA). It bans employment discrimination based on sex, which courts in Florida have interpreted to include pregnancy.
Examples of pregnancy discrimination at work
Some employers may try to avoid hiring a pregnant woman. Others may push pregnant employees into less favorable roles, cut their hours or fail to make reasonable accommodations. Common examples include:
- Not hiring someone specifically because they are pregnant
- Firing or demoting a worker after learning about the pregnancy
- Denying light duty or schedule changes for medical reasons
- Forcing an employee to take unpaid leave
- Failing to offer the same benefits given to other temporarily disabled workers
What workers can do if they face discrimination
Employees can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). These agencies investigate discrimination claims and may offer legal remedies.
Pregnant workers in Florida have a host of legal rights. If you believe you’ve been treated unfairly, you may want to consider seeking legal guidance.