Florida Pregnancy Discrimination Attorney

Representing Florida Employees Who’ve Been Discriminated Against Due to a Pregnancy

Pregnancy discrimination is a form of employment discrimination in which employers treat pregnant employees unfairly or less favorably than non-pregnant employees. If you believe you may have been discriminated against due to pregnancy, it’s important that you speak with a Florida pregnancy discrimination attorney who can help you protect your rights.

At Yormak Employment & Disability Law, we’re dedicated to providing legal advice and representation exclusive to employees, never employers. Led by one of the few board-certified employment law experts in Florida, Benjamin Yormak, our firm is equipped to handle the most complex legal issues related to pregnancy discrimination.

If you believe you’ve been discriminated against due to pregnancy, don’t hesitate to contact us for a free and confidential consultation. We’re here to help.

What is Pregnancy Discrimination?

Pregnancy discrimination is defined as discrimination on the basis of pregnancy, childbirth, or related medical conditions. This means that it’s illegal for an employer to discriminate against an employee or job applicant because they are pregnant or have a related medical condition. Pregnancy discrimination is prohibited by both federal and state laws.

Examples of Pregnancy Discrimination

Pregnancy discrimination can take many forms, and it’s not always obvious. Here are some common examples of pregnancy discrimination:

• Refusing to hire a job applicant because they are pregnant
• Terminating an employee because they are pregnant
• Failing to provide reasonable accommodations to a pregnant employee, such as allowing them to take breaks as needed or modifying their work duties
• Denying a promotion to a pregnant employee
• Harassing a pregnant employee because of their pregnancy
• Retaliating against an employee who has complained about pregnancy discrimination or participated in a pregnancy discrimination investigation or lawsuit
• Failing to reinstate an employee after they have taken pregnancy leave
• Paying a pregnant employee less than other employees because of their pregnancy
• Demoting a pregnant employee or reducing their responsibilities because of their pregnancy
• Forcing a pregnant employee to take leave or terminate their employment because of their pregnancy
• Other forms of maternity leave discrimination

Federal Laws Against Pregnancy Discrimination

The Pregnancy Discrimination Act of 1978

The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. It prohibits employers from discriminating against employees due to their pregnancy, childbirth, or related medical conditions. This means that employers must treat pregnant workers the same as non-pregnant employees when it comes to job assignments, pay raises, promotions, and other employment benefits.

Pregnancy discrimination under Title VII isn’t limited to just current pregnancies. Pregnancy discrimination under Title VII can include discrimination based on:

• Current pregnancy
• Past pregnancy
• Potential pregnancy
• Medical conditions related to pregnancy or childbirth (including breastfeeding/lactation)
• Having or choosing not to have an abortion
• Birth control (Contraception)

Americans with Disabilities Act

The Americans with Disabilities Act (ADA) prohibits discrimination against an applicant or employee on the basis of disability. Pregnancy itself is not considered a disability under the ADA, but some pregnant workers may have impairments related to their pregnancy that qualify as a disability under the ADA. In such cases, the employer may be required to provide the worker with reasonable accommodations for their pregnancy-related disability. The ADA also requires employers to keep all medical records and information, including those related to pregnancy, confidential and in separate medical files.

New Laws for 2023

President Biden recently signed the 2023 omnibus government funding bill, which includes two provisions that expand protections for pregnant and nursing employees.

The Pregnant Workers Fairness Act (PWFA)

PWFA requires employers with 15 or more employees to engage in an interactive process to determine temporary reasonable workplace accommodations for pregnant applicants and employees with conditions related to pregnancy and/or childbirth, and to provide such accommodations as long as doing so would not impose an undue hardship. The PWFA also contains non-retaliation provisions that prohibit adverse action against employees who oppose unlawful conduct or who file a charge, testify, assist, or participate in any manner in an investigation, proceeding, or hearing regarding a PWFA violation.

The PUMP Act

The PUMP Act amends the Fair Labor Standards Act (FLSA) by requiring employers to provide reasonable break time and a private place, other than a bathroom, for an employee to express breast milk for her nursing child for one year after the child’s birth.

Next Steps if You Believe You’re Being Discriminated Against

If you believe you’re being discriminated against based on pregnancy, there are a number of steps you can take to help protect your rights a prepare for a potential pregnancy discrimination lawsuit.

Document the Discrimination

Keep a record of any discriminatory incidents, including the date, time, location, and any witnesses. This will be helpful if you decide to take legal action later on.

Report the Discrimination

If you feel comfortable doing so, you can try speaking to your supervisor or the human resources department about the discrimination. If that is not an option, you can file a complaint with the Florida Commission on Human Relations (FCHR) or the Equal Employment Opportunity Commission (EEOC).

Seek Legal Help

It’s important to get the help of an experienced Florida pregnancy discrimination lawyer as soon as possible. An experienced attorney can help you understand your rights and provide you with guidance on the legal options available to you.

How Our Florida Pregnancy Discrimination Attorney Can Help You

Advising on Your Legal Rights

Our experienced Florida discrimination lawyer, Benjamin Yormak, can advise you on your legal rights and help you determine the best course of action.

Filing a Complaint with the Appropriate Agency

If you have been the victim of pregnancy discrimination, you may be able to file a complaint with the Florida Commission on Human Relations (FCHR) or the Equal Employment Opportunity Commission (EEOC).  Our team can provide you with guidance and assistance throughout the complaint process.

Negotiating With Your Employer

Our team can help you negotiate a settlement with your employer and protect your rights.

Filing a Pregnancy Discrimination Lawsuit

In some cases, it may be necessary to file a lawsuit to protect your workplace rights. Our team is experienced in representing clients who are victims of pregnancy discrimination and can help you determine if filing a lawsuit is in your best interests.

Protecting Your Rights in Court

If the situation calls for it, Benjamin Yormak is well-equipped to represent you in court. As one of the few board-certified employment law experts in Florida, he has a successful track record of fighting for employee rights.

Contact Us Today for a Free Consultation

At Yormak Employment & Disability Law, our team is here to provide you with the legal guidance and support you need. We understand the complexities of employment discrimination law and can help you obtain the compensation you deserve. Contact us today for a free consultation.

Frequently Asked Questions

What counts as pregnancy discrimination under federal and Florida law?

Pregnancy discrimination occurs when an employer treats a worker unfavorably because of pregnancy, childbirth, or related medical conditions. Under the Pregnancy Discrimination Act, as well as the Florida Civil Rights Act, pregnant employees must receive equal treatment to similarly situated employees. Pregnancy discrimination is prohibited.

How do I know if I have a valid pregnancy discrimination claim in Florida?

A pregnancy discrimination claim may exist if you experienced unfair treatment such as reduced hours, denied accommodations, or a wrongful termination case linked to pregnancy. Evidence often involves proving that employers treated pregnant women differently from others with similar medical conditions or denied benefits such as health insurance, leave, or reassignment to light duty. Both state law and federal protections can apply, and an attorney with experience in pregnancy discrimination cases can help evaluate your situation.

Are Florida employers required to provide accommodations to pregnant women?

In many situations, employers must provide reasonable accommodations if pregnancy or a related condition temporarily affects the essential functions of the job. This may include schedule adjustments, light duty, or relief from tasks that a doctor indicates could harm the employee or the unborn child. While accommodations vary by workplace and job duties, both federal and Florida state law seek to protect pregnant employees and ensure fair treatment during pregnancy, childbirth, or related medical needs.

Can my employer terminate me because I am pregnant or experiencing morning sickness?

It is unlawful for employers to terminate women or otherwise penalize them because of pregnancy, morning sickness, or related medical conditions. Under the Florida Civil Rights Act, employers must treat pregnant employees the same as any other eligible employees with temporary limitations. Firing or disciplining a worker because they are pregnant or may need time off could be grounds for discrimination in the workplace.

What are some examples of pregnancy discrimination in the workplace?

Common examples of pregnancy discrimination include refusing to hire women because they are pregnant, reducing hours, refusing to promote women who recently disclosed a pregnancy, or refusing to permit pregnant women to take time off work despite medical clearance. Other signs include withholding reasonable accommodations, unequal benefits, changes in position, or sudden discipline that appears tied to pregnancy rather than performance.

What should I do if my employer refuses reasonable accommodations while I’m pregnant?

If an employer refuses accommodations that would allow you to perform the essential functions of your job, you may be experiencing discrimination based on pregnancy. Document the request, your doctor’s recommendations, and how the employer treats other employees with similar restrictions. Consult a Florida pregnancy discrimination attorney to help protect your employee rights and determine whether state law or federal law has been violated.

How can a Florida pregnancy discrimination attorney help me?

An attorney focused on Florida pregnancy discrimination can explain your options under the Civil Rights Act, pursue evidence of unfair treatment, and advocate for equal treatment in the workplace. A seasoned legal team can build a strong case if you’ve been discriminated against or treated differently because of pregnancy.