Pregnancy Discrimination Lawyer in Alafaya, FL
Planning a new addition to your family should be an exciting time, but unfortunately, 1 in 5 women have experienced pregnancy discrimination from an employer. If you’ve been discriminated against for being pregnant or being a new mom, call The Leach Firm, P.A. at 844-722-7567 to discuss your case.
How Federal Law Protects Pregnant Employees and New Moms
Florida workers are protected by several federal laws designed to protect them in the workplace, including when they have a “temporary disability” such as pregnancy. Though Florida state law does not have a specific provision to prevent pregnancy-specific sex discrimination, federal law may apply.
Americans with Disabilities Act (ADA)
Though there’s no question that motherhood is one of life’s greatest joys, when it comes to the workplace, pregnant women are granted a temporary disability status. Though not technically a disability, pregnancy affords this status because it can (and usually does) lead to impairments that require accommodations, such as taking time off to give birth and bond with the baby or having an adjusted schedule or working conditions for a period of time.
The Americans with Disabilities Act prohibits employers from discriminating against an employee with a disability, including pregnancy.
Pregnancy Discrimination Act (PDA)
Added to the Title VII Civil Rights Act in 1978, the Pregnancy Discrimination Act (PDA for short) protects pregnant women and women with pregnancy-related medical conditions from discriminatory behavior from an employer.
Like the ADA, the PDA applies only to companies with at least 15 employees.
Family and Medical Leave Act (FMLA)
In addition to being unable to discriminate against pregnant women, a female employee who has been employed at a 50+ person company for more than a year can take 12 weeks of unpaid leave to prepare for childbirth and recuperate after labor by taking maternity leave.
How Employers Discriminate Against Pregnant Workers
Being pregnant, giving birth, and trying to balance the demands of motherhood and a career is challenging enough without encountering friction from an employer. Discrimination against pregnant women comes in a variety of shapes and forms, including:
- Being terminated from a position when announcing a pregnancy or before taking leave
- Facing a demotion or a pay cut
- Retaliatory behavior from an employer, such as less favorable assignments or withholding promotions or bonuses
- Hearing hateful or discriminatory comments, as well as other forms of harassment
- Refusing to supply reasonable job accommodations
- Failing to hire someone in an interview who is pregnant
Potential Legal Action
Depending on the blatancy of the discrimination and how it affected you, you may be able to recover damages from your employer in one or more of the following areas:
- Restore your original position (or a comparable one)
- Receive financial compensation such as back pay, attorneys’ fees, and other monetary damages
- Help others by preventing the employer from continuing to discriminate against pregnant women
Contact an Experienced Florida Pregnancy Discrimination Lawyer
Florida discrimination laws can be complex, and The Leach Firm, P.A. attorneys have a successful track record assisting workers with pregnancy discrimination claims. To schedule a free case evaluation, call us at 844-722-7567 or contact us online.