Pregnancy Discrimination Attorney Serving Florida and Georgia

Does a person have to disclose they are pregnant to their employer in Florida?

As a legal matter, a worker is not required to reveal pregnancy to their employer or potential employer unless they are requesting accommodation for that pregnancy or seeking leave under the Family and Medical Leave Act. As a practical matter, at some point, if you fail to discuss your pregnancy with your employer, they may become concerned about your lack of candor.

Does an employer have to pay an employee during pregnancy leave in Florida?

The federal Pregnancy Discrimination Act (PDA)requires covered employers to provide the same benefit to pregnant employees as they would to employees who have temporary disabilities. If the employer pays those employees, then they would also need to pay employees on pregnancy leave. However, this is rare. Florida does not have a statute requiring pregnancy leave, so remedies are only available under federal law.

Are men eligible for pregnancy leave in Florida?

Under the federal Family and Medical Leave Act (FMLA), a man would be able to take leave to care for a spouse who is “incapacitated” by a disability during pregnancy, but he would not be able to take leave for the pregnancy for himself. After the birth of the child, men covered under the FMLA should be able to take leave for childcare. Additionally, if an employer provides parental leave for women, male employees are also entitled to the same parental leave options.

What are some examples of discrimination based on pregnancy?

Sometimes, an employer will openly state that they are denying an opportunity based on expectations surrounding pregnancy. If a boss says that would have given you a promotion except that they knew you wouldn’t want more responsibilities when you’re dealing with a baby, that is an example of pregnancy discrimination.

Any action that harms your employment position can constitute discrimination if that decision was based on your pregnancy. Firing you or cutting back hours based on the assumption that you won’t want to work because pregnancy or child rearing would be further examples of pregnancy discrimination. Making offensive jokes or calling you rude names based on your pregnant condition would be examples of pregnancy-based harassment, which is a form of illegal discrimination.

Can my employer fire me if I become temporarily unable to do my job because I am pregnant in Florida?

If your employer is subject to federal requirements, they are obligated to provide alternative, “light duty” assignments for pregnant employees who are not able to perform regular job duties if they offer similar accommodations to other employees with health conditions that prevent them from performing regular duties. In situations where light duties are not desired or not an option, an employer subject to federal requirements must grant leave.

Can my employer require me to provide a doctor's note before giving me maternity leave in Florida?

While the FMLA does not require an employee to give the employer access to medical records, the employer may ask for certification of the health condition the employee is requesting leave for.

Are males protected from discrimination if they become fathers?

Federal and Florida laws do not currently provide specific protection for discrimination based on parental status. However, gender-based discrimination provisions require employers to treat male employees with children the same way they treat female employees with children. For example, if an employer provides female employees time off to attend meetings at a child’s school, the employer should also provide time off for male employees attending school meetings.

Is it illegal for a pregnant woman to discriminate against or harass someone with a similar medical condition in Florida?

Pregnancy does not grant anyone special status. The laws are designed to ensure equal treatment. That means pregnant women who commit acts of illegal discrimination for any reason—including pregnancy—are still held accountable for those violations.

Is it illegal for someone to discriminate against or harass certain pregnant women, but not others in Florida?

Yes. It may be difficult to prove a pattern of discriminatory behavior if an employer illegally discriminates against some pregnant employees but not others, but that discriminate remains illegal nonetheless.

Can an employer discriminate against unmarried women who become pregnant in Florida?

Marital status and pregnancy are both protected factors under many federal laws, and marital status is also protected under Florida law. Employers governed by those laws are not allowed to discriminate against a women on the basis of her marital status or pregnancy, and discriminating against a pregnant unmarried woman would violate both of those provisions.

Does a person have to disclose they are pregnant to their employer in Georgia?

You do not legally have to reveal your pregnancy to your employer unless you are requesting leave under the Family and Medical Leave Act (FMLA) or are requesting special accommodations for your condition such as light duties or additional breaks. To maintain good relations with an employer, however, many employees choose to notify their employer so they can develop a plan for the future.

Does an employer have to pay an employee during pregnancy leave in Georgia?

Employees who work for the Georgia state government are eligible for three weeks of paid parental leave, but this leave doesn’t become available until after the birth or placement of a child. If an employer provides paid leave for short-term disabilities, then federal law requires that employer to also provide the same benefit to employees taking pregnancy leave. In most cases, however, employees must purchase and opt into insurance coverage to receive payments during disability leave.

Are men eligible for pregnancy leave in Georgia?

Men who work for employers covered by the FMLA would be eligible for leave to care for a spouse who is suffering a disability due to pregnancy.

What are some examples of harassment based on pregnancy?

Making unwelcome jokes, posting offensive pictures, or calling someone names based on pregnancy would be examples of pregnancy harassment. However, harassment is just one form of illegal discrimination. Any time an employer takes an adverse action against an employee due to pregnancy, that action could be considered illegal discrimination. Failing to promote an employee or to offer training because an employer figures the employee will be too focused on the baby to perform well would be examples of illegal discrimination. Firing an employee or cutting hours due to pregnancy or expectations about pregnancy are also examples that are far too common.

Can my employer fire me if I become temporarily unable to do my job because I am pregnant in Georgia?

Employers are expected to treat pregnant employees the way they treat employees with a temporary disability. If they provide those employees with lighter duties or excuse them from activities that involve heavy lifting, they are expected to provide the same accommodations for pregnant employees.

If the employer is subject to federal employment laws, they may be required to provide leave for employees who are unable to perform essential job duties temporarily due to pregnancy.

Can my employer require me to provide a doctor’s note before giving me maternity leave in Georgia?

If you are planning to take family leave under the FMLA, then your employer can ask for a written medical explanation from your healthcare provider about the condition that requires you to take time off work.

Are males protected from discrimination if they become fathers?

Atlanta lawmakers have passed ordinances that provide specific protections for individuals based on their family and parental status. While federal and state provisions do not specifically protect parental status, male employees are protected by other discrimination laws in their roles as parents. Employers are expected to treat male employees with children the same way they treat female employees with children.

Is it illegal for a pregnant woman to discriminate against or harass someone with a similar medical condition in Georgia?

Yes. Illegal discrimination based on a medical condition remains illegal regardless of who practices that discrimination. Pregnant women are not entitled to special treatment—they are simply entitled to equal opportunities.

Is it illegal for someone to discriminate against or harass certain pregnant women, but not others in Georgia?

If harassment is based on pregnancy or another legally protected factor, it is illegal even if it is random. However, when an employer discriminates against some pregnant women but not others, it becomes difficult to prove that they have engaged in a pattern of discrimination.

Can an employer discriminate against unmarried women who become pregnant in Georgia?

Atlanta has ordinances that specifically prohibit discrimination on the basis of marital status. This statute may apply to some smaller employers that are not covered under federal laws. Although the federal laws do not reference marital status discrimination, the interpretations of the federal laws effectively prohibit discrimination based on marital status. Since pregnancy discrimination is prohibited as well, then an employer is not supposed to discriminate against unmarried women in Georgia who are pregnant.