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Have you been treated differently at work because of pregnancy?
As a pregnant job applicant or employee in Florida, you are entitled by law to be treated the same as other employees and not to be discriminated against.
If an employer or prospective employer treats you differently because you are pregnant, there are legal steps you can take to stop it. You may even be entitled to compensation.
As a Florida pregnancy discrimination lawyer, we can help you:
- Understand your rights according to state and federal laws
- Assess whether you have a legitimate discrimination complaint
- Pursue legal action if you have been discriminated against because you are pregnant
This article will address frequently asked questions (FAQs) about pregnancy discrimination in Florida so that you can be more fully informed when bringing your legal claim.
WHAT IS MATERNITY DISCRIMINATION?
Maternity discrimination, also known as pregnancy discrimination, refers to the adverse treatment of an employee based on pregnancy status or status as a new parent. Maternity discrimination can significantly impact a woman’s career, financial situation, and family stability. If you believe that you are being discriminated against because of your pregnancy status or status as a new parent, you should reach out to a pregnancy discrimination lawyer as soon as possible.
WHAT DOES THE LAW SAY ABOUT PREGNANCY DISCRIMINATION?
Federal and state laws that govern discrimination protect you from being discriminated against on the basis of pregnancy, childbirth, and any related medical conditions that result from pregnancy.
The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act of 1964 to address this specific area of workplace discrimination law.
In the eyes of the law, pregnancy is treated much the same as any other temporary medical condition. You should not be treated differently in the workplace or penalized because of it.
This means that no employer can discriminate against you for being pregnant when:
- Hiring
- Firing
- Awarding pay
- Making job assignments
- Promoting people
- Laying off employees
- Training employees
- Awarding fringe benefits, such as leave and health insurance
EXAMPLES OF PREGNANCY DISCRIMINATION IN FLORIDA
The pregnancy discrimination laws protect you against:
Discriminatory Hiring Practices
Some employers may be hesitant to hire a woman who is pregnant or who recently became a new parent. However, refusing to hire a pregnant woman or new parent for a position is illegal under Title VII of the Civil Rights Act.
Promotion Discrimination
Pregnant women and new mothers may be overlooked when promotion opportunities arise. This can be considered a form of discrimination based on gender and parent status.
Forced Position Changes
If you become pregnant and your employer forces you to take on a new or different role, this may be considered pregnancy discrimination.
Providing Lower Compensation
Pregnant women may be given lower salaries than their co-workers who are not pregnant. In addition, they may be forced to take unpaid leave or be denied reasonable accommodations. This type of behavior is considered gender discrimination under the law.
Denying Training Opportunities
When a pregnant woman is denied training opportunities that have been offered to other employees, this may be grounds for a discrimination claim. Further, when an employer fails to provide the necessary time and training to let a new parent catch up after maternity leave, the employee may have a cause of action against the employer.
Retaliation
If you filed a complaint against your employer for discriminatory behavior and they retaliate against you for it, that is also considered discrimination. Retaliation can come in many forms, including being fired, demoted, or denied career growth opportunities.
Specific Case Examples of Pregnancy Discrimination
HAVE YOU LOST OUT AT WORK BECAUSE OF PREGNANCY DISCRIMINATION?
It may be surprising when the act of giving life to another human is used by employers in a negative way. However, instances of pregnancy discrimination are on the rise in the U.S.
They may be clear and obvious, such as demoting a woman when she becomes pregnant, terminating her during pregnancy leave, or immediately restricting her hours.
Women can also be discriminated against in subtler ways when pregnant.
For instance, being denied training because you’re starting a family and the employer assumes you won’t be around at the company for long.
Some employers look for excuses to cut costs but this should not be at the expense of people trying to start families. The law is clear on this.
After all, being penalized because you are pregnant can negatively impact your:
- Career
- Income or finances
- Wellbeing
- Mental health
Calling out pregnancy discrimination should be done without fear of losing one’s job or any other form of retaliation.
Seek the right legal advice beforehand to protect yourself.
PROTECTION AS A CAREGIVER FOR YOUR CHILDREN
If you need to take time off work to provide care for your children, you may also receive protection under the Family and Medical Leave Act (FMLA).
This provides for employees who need to look after members of their family, such as children, spouses, aged parents or relatives with disabilities.
It allows caregivers to take unpaid leave for up to 12 weeks per year.
Remember that Florida also has its own Civil Rights Act that provides extra protection not included in federal law.
ARE YOU A VICTIM OF PREGNANCY DISCRIMINATION IN FLORIDA? WHAT CAN YOU DO?
If you have been discriminated against in the workplace because of pregnancy, you may be able to take legal action that requires your employer to:
- Take action to restore you to the same position you would have been in if the discrimination had not taken place
- Pay damages to compensate you for back pay, benefits, emotional distress, suffering, and so on
- Prevent future acts of discrimination
As an experienced Florida pregnancy discrimination attorney, we can help assess your case.
If pursuing legal action is the right option, I will help you take the necessary steps to build your case.
CONTACT A FLORIDA PREGNANCY DISCRIMINATION ATTORNEY
From here, we need to:
- Assess your claim. Start by booking a free phone consultation below.
- Decide whether to pursue a complaint after our consultation.
- File a complaint or lawsuit with a local or federal agency, or state or federal court.
- Prepare the paperwork so that we can draft the complaint or lawsuit.
Our experienced legal team also handles clients with other types of discrimination cases, including:
- Disability discrimination,
- National origin discrimination,
- Age discrimination,
- Race discrimination, and
- Gender discrimination.
Contact the Florida pregnancy discrimination lawyer of Brenton Legal P.A. today.
Our experienced legal team also handles clients with other types of employment cases, including:
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